QSR1838/1/6

Indictments and previous convictions

October 1837 to January 1838

From: 1837 To: 1838

Indictments were the formal criminal charge made against the accused. They were first placed before the grand jury, whose function was to hear evidence for the Crown. If it was decided that there was a case to be answered by the accused, the indictment was declared to be a ‘true bill’ (billa vera); if not it was recorded as ‘no true bill’ (or 'ignoramus', meaning 'we do not know') and the case was dropped. If the indictment was accepted as a true bill by the grand jury, the accused then went forward to a full trial before the petty jury. The documents were endorsed with the plea made by the accused and the final verdict. Indictments also record the name of the accused, the nature of his offence according to strict legal formulae, the date on which it was committed, and the name of the prosecutor. They purport to give the place of residence and occupation of the accused. In fact, for legal reasons the 'place of residence' is almost invariably the parish in which the offence took place, and the occupation is usually given as 'labourer' without much regard for accuracy. Where the accused had previously been convicted of an offence this is recorded on the indictment. From the early 1840s onwards any certificate of previous conviction was attached to the indictment. Prior to this certificates of previous conviction were usually included with the papers concerning prisoners.

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