Legal Definitions - clerk of indictment

The clerk of indictment was a historical administrative official within England's Central Criminal Court, often known as the Old Bailey. This role, which existed until its abolition in 1946, was primarily responsible for the crucial task of drafting and preparing formal accusations, known as indictments, against individuals suspected of serious crimes. These indictments were essential legal documents that precisely outlined the specific charges an accused person would face in court. The clerk also provided support to the Clerk of Arraigns, another court officer whose duties included formally reading these charges to the accused during their initial court appearance. After 1946, the responsibilities of the clerk of indictment were transferred to the Central Office.

Here are some examples illustrating the role of a clerk of indictment:

• Imagine a notorious case in 1935 where a suspect was arrested for a serious felony, such as a high-profile robbery. Before the trial could proceed, the clerk of indictment would have been responsible for meticulously drafting the formal document, the indictment, which detailed the specific charges the accused would face in the Central Criminal Court. This involved ensuring all legal particulars were correctly stated.

  Explanation: This illustrates the clerk's core duty of preparing the formal accusation (indictment) for a serious crime, a necessary administrative step before a trial could commence.

• In the early 1900s, if a group of individuals were apprehended for a series of burglaries across London, the police would compile their evidence. It would then fall to the clerk of indictment to translate this evidence into precise legal charges, creating a formal indictment that clearly outlined each count of burglary and the specific individuals accused, ready for presentation in court.

  Explanation: This highlights the clerk's role in formalizing multiple charges against multiple defendants, ensuring the legal framework for prosecution was correctly established and documented.

• Consider a complex case from 1928 involving allegations of widespread financial fraud. The legal team would have gathered extensive documentation and witness statements. The clerk of indictment would then undertake the critical task of consolidating this information into a legally sound indictment, specifying the nature of the fraud, the dates, and the parties involved, thereby creating the foundational document for the prosecution's case.

  Explanation: This demonstrates the clerk's responsibility for preparing detailed and legally precise indictments, especially in complex cases requiring careful articulation of charges to ensure legal accuracy.