ABSTRACT
In indictable trials by a jury before a judge, the ‘indictment’ is the document which is filed in court. In the Bahamas it is called the information, as indicated above. Thus, after the preliminary inquiry, if the Director of Public Prosecutions (or Attorney General in the Bahamas) wishes to proceed with the indictable charge, he must cause an indictment to be filed in the High Court. It is this indictment which initiates proceedings in the High Court. Various legislation and/or rules throughout the region determine the form of the indictment. These provisions are almost identical and are strikingly similar to the English indictment rules contained in the Indictment Act 1915 and the Indictment Rules 1971 made thereunder. Apart from the court in which they are filed, the difference between a complaint and an indictment is that in respect of the latter, the statement of offence and the particulars are separately laid out. This general form will be considered in Chapter 12.
