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A grand jury is a
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England d ...
—a group of
citizen Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
s—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may
subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
physical evidence or a person to testify. A grand jury is separate from the
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
s, which do not preside over its functioning. Originating in
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
during the
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...
, grand juries are only retained in two countries, the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
and
Liberia Liberia (), officially the Republic of Liberia, is a country on the West African coast. It is bordered by Sierra Leone to Liberia–Sierra Leone border, its northwest, Guinea to Guinea–Liberia border, its north, Ivory Coast to Ivory Coast� ...
. Other
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
jurisdictions formerly employed them, and most others now employ a different procedure that does not involve a jury: a
preliminary hearing Within some criminal justice systems, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine w ...
. Grand juries perform both accusatory and investigatory functions. The investigatory functions of grand juries include obtaining and reviewing documents and other evidence, and hearing sworn testimonies of witnesses who appear before it; the accusatory function determines whether there is
probable cause In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition o ...
to believe that one or more persons committed a particular offense within the venue of a district court. In
Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
, they for a period also functioned as local government authorities: "They fixed the salaries of public officers; they regulated prisons and houses of correction; they levied funds for the support of hospitals; they made and repaired roads and bridges, and they framed accounts of the expenses incurred in these matters... They determined what public works should be undertaken — what price should be paid for them, and who were the individuals that should undertake them, and be responsible for their completion. They settled the amount of the local taxation of the county, and, under their direction, it was levied from the actual occupiers of the land.". In Japan, the Law of July 12, 1948, created the ''Kensatsu Shinsakai'' (Prosecutorial Review Commission or PRC system), inspired by the American system. The grand jury (from the French word ''grand'' meaning "large") is so named because traditionally it has more jurors than a trial
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England d ...
, sometimes called a
petit jury In common law, a petit jury (or trial jury) hears the evidence in a trial as presented by both the plaintiff (petitioner) and the defendant (respondent). After hearing the evidence and often jury instructions from the judge, the group retir ...
(from the French word ''petit'' meaning "small"). A grand jury in the United States is usually composed of 16 to 23 citizens, though in Virginia it has fewer members for regular or special grand juries.


Purpose

The function of a grand jury is to accuse persons who may be guilty of a crime, but the institution is also a shield against unfounded and oppressive prosecution. It is a means for lay citizens, representative of the community, to participate in the administration of justice. It can also make presentments on crime and maladministration in its area. Traditionally, a grand jury consists of 23 members. The mode of accusation is by a written statement of two types: # in solemn form (
indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that ...
) describing the offense with proper accompaniments of time and circumstances, and certainty of act and person, or # by a less formal mode, which is usually the spontaneous act of the grand jury, called presentment. No indictment or presentment can be made except by concurrence of at least twelve of the jurors. The grand jury may accuse upon their own knowledge, but it is generally done upon the testimony of witnesses under oath and other evidence heard before them. Grand jury proceedings are, in the first instance, at the instigation of the government or other prosecutors, and ex parte and in secret deliberation. The accused has no knowledge nor right to interfere with their proceedings. If they find the accusation true, which is usually drawn up in form by the prosecutor or an officer of the court, they write upon the indictment the words "a true bill" which is signed by the foreperson of the grand jury and presented to the court publicly in the presence of all the jurors. If the indictment is not proven to the satisfaction of the grand jury, the word '' ignoramus'' or "not a true bill" is written upon it by the grand jury, or by their foreman and then said to be ignored, and the accusation is dismissed as unfounded. (The potential defendant is said to have been "no-billed" by the grand jury.) If the grand jury returns an indictment as a true bill ("billa vera"), the indictment is said to be founded and the party to stand indicted and required to be put on trial.


Origins

The first instance of a grand jury can be traced back to the
Assize of Clarendon The Assize of Clarendon was an act of Henry II of England in 1166 that began a transformation of English law and led to trial by jury in common law countries worldwide, and that established assize courts. Prior systems for deciding the winning ...
in 1166, an Act of
Henry II of England Henry II (5 March 1133 – 6 July 1189), also known as Henry Curtmantle (french: link=no, Court-manteau), Henry FitzEmpress, or Henry Plantagenet, was King of England from 1154 until his death in 1189, and as such, was the first Angevin kin ...
. Henry's chief impact on the development of the English monarchy was to increase the jurisdiction of the royal courts at the expense of the feudal courts. Itinerant justices on regular circuits were sent out once each year to enforce the "King's Peace". To make this system of royal criminal justice more effective, Henry employed the method of
inquest An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death. Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a c ...
used by
William the Conqueror William I; ang, WillelmI (Bates ''William the Conqueror'' p. 33– 9 September 1087), usually known as William the Conqueror and sometimes William the Bastard, was the first Norman king of England, reigning from 1066 until his death in 10 ...
in the
Domesday Book Domesday Book () – the Middle English spelling of "Doomsday Book" – is a manuscript record of the "Great Survey" of much of England and parts of Wales completed in 1086 by order of King William I, known as William the Conqueror. The manusc ...
. In each shire, a body of important men were sworn (''juré'') to report to the
sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
all crimes committed since the last session of the circuit court. Thus originated the more recent grand jury that presents information for an indictment. The grand jury was later recognized by King John in
Magna Carta (Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by t ...
in 1215 on demand of the nobility. The grand jury can be said to have "celebrated" its 800th birthday in 2015, because a precursor to the grand jury is defined in Article 61, the longest of the 63 articles of
Magna Carta (Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by t ...
, also called ''Magna Carta Libertatum'' (Latin: "the Great Charter of Liberties") executed on 15 June 1215 by King John and by the Barons. The document was primarily composed by the Archbishop of Canterbury,
Stephen Langton Stephen Langton (c. 1150 – 9 July 1228) was an English Cardinal of the Roman Catholic Church and Archbishop of Canterbury between 1207 and his death in 1228. The dispute between King John of England and Pope Innocent III over his ...
(1150–1228). He and Cardinal Hugo de Sancto Caro developed schemas for the division of the Bible into chapters and it is the system of Archbishop Langton which prevailed. He was a Bible scholar, and the concept of the grand jury may possibly derive from Deuteronomy 25:1: "If there be a controversy between men, and they come unto judgment, that the judges may judge them; then they shall justify the righteous, and condemn the wicked." (
King James Version The King James Version (KJV), also the King James Bible (KJB) and the Authorized Version, is an English translation of the Christian Bible for the Church of England, which was commissioned in 1604 and published in 1611, by sponsorship of K ...
) Thus the grand jury has been described as the "Shield and the Sword" of the People: as a "Shield for the People" from abusive indictments of the government- or malicious indictments of individuals- and as the "Sword of the People" to cut away crime by any private individual; or to cut away crime by any public servant, whether in the judicial, executive, or legislative branches.


Notable cases

On 2 July 1681, a popular statesman,
Anthony Ashley Cooper, 1st Earl of Shaftesbury Anthony Ashley Cooper, 1st Earl of Shaftesbury PC FRS (22 July 1621 – 21 January 1683; known as Anthony Ashley Cooper from 1621 to 1630, as Sir Anthony Ashley Cooper, 2nd Baronet from 1630 to 1661, and as The Lord Ashley from 1661 to 1 ...
was arrested on suspicion of
high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
and committed to the
Tower of London The Tower of London, officially His Majesty's Royal Palace and Fortress of the Tower of London, is a historic castle on the north bank of the River Thames in central London. It lies within the London Borough of Tower Hamlets, which is sep ...
. He immediately petitioned the
Old Bailey The Central Criminal Court of England and Wales, commonly referred to as the Old Bailey after the street on which it stands, is a criminal court building in central London, one of several that house the Crown Court of England and Wales. The s ...
on a writ of
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, ...
, but the Old Bailey said it did not have jurisdiction over prisoners in the Tower of London, so Cooper had to wait for the next session of the Court of King's Bench. Cooper moved for a writ of habeas corpus on 24 October 1681, and his case finally came before a grand jury on 24 November 1681. The government's case against Cooper was particularly weak – the government admitted that most of the witnesses brought against Cooper had already perjured themselves, and the documentary evidence was inconclusive, and the jury was handpicked by the Whig Sheriff of London. For these reasons the government had little chance of securing a conviction, and on 13 February 1682, the case was dropped when the grand jury issued an ''ignoramus'' bill (a finding of deficient evidence), rather than comply with the king's intent of a ''true bill'' (a grand jury indictment). The grand jury's theoretical function against abuse of
executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive di ...
power was seen during the
Watergate scandal The Watergate scandal was a major political scandal in the United States involving the administration of President Richard Nixon from 1972 to 1974 that led to Nixon's resignation. The scandal stemmed from the Nixon administration's contin ...
. In '' United States v. Nixon'', the U.S. Supreme Court ruled eight-to-zero on 23 July 1974 (Justice
William Rehnquist William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from ...
who had been appointed by Nixon recused himself from the case) that executive privilege applied only to the legislative and judicial branches—and not to grand jury subpoenas—thus implying a grand jury constituted protections equivalent to a "fourth branch of government". The second Watergate grand jury indicted seven lawyers in the White House, including former Attorney General John Mitchell, and named President Nixon as a "secret, un-indicted, co-conspirator". Despite evading
impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
by resigning from office, Nixon was still required to testify before a grand jury. Similarly, in 1998,
President Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and again ...
became the first sitting president required to testify before a grand jury as the subject of an investigation by the Office of Independent Counsel. The testimony came after a four-year investigation into Clinton and his wife Hillary's alleged involvement in several scandals including
Whitewater Whitewater forms in a rapid context, in particular, when a river's gradient changes enough to generate so much turbulence that air is trapped within the water. This forms an unstable current that froths, making the water appear opaque and ...
and the Rose Law Firm. Revelations from the investigation sparked a battle in Congress over whether or not to impeach Clinton.


By jurisdiction


England and Wales

The sheriff of every county was required to return to every
quarter session The courts of quarter sessions or quarter sessions were local courts traditionally held at four set times each year in the Kingdom of England from 1388 (extending also to Wales following the Laws in Wales Act 1535). They were also established in ...
s and
assizes The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes ...
(or more precisely the commission of ''
oyer and terminer In English law, oyer and terminer (; a partial translation of the Anglo-French ''oyer et terminer'', which literally means "to hear and to determine") was one of the commissions by which a judge of assize sat. Apart from its Law French name, the ...
'' and of gaol delivery), 24 men of the county "to inquire into, present, do and execute all those things which, on the part of our Lord the King (''or'' our Lady the Queen), shall then be commanded them". Grand jurors at the assizes or at the borough quarter sessions did not have property qualifications; but, at the county quarter sessions, they had the same property qualification as petty jurors. However, at the assizes, the grand jury generally consisted of gentlemen of high standing in the county. After the court was opened by the crier making proclamation, the names of those summoned to the grand jury were called and they were sworn. They numbered at least 14 and not more than 23. The person presiding (the judge at the assizes, the chairman at the county sessions, the recorder at the borough sessions) gave the charge to the grand jury, i.e. he directed their attention to points in the various cases about to be considered which required explanation. The charge having been delivered, the grand jury withdrew to their own room, having received the bills of indictment. The witnesses whose names were endorsed on each bill were sworn as they came to be examined, in the grand jury room, the oath being administered by the foreman, who wrote his initials against the name of the witness on the back of the bill. Only the witnesses for the prosecution were examined, as the function of the grand jury was merely to inquire whether there was sufficient ground to put the accused on trial. If the majority of them (and at least 12) thought that the evidence so adduced made out a sufficient case, the words "a true bill" were endorsed on the back of the bill. If they were of the opposite opinion, the phrase "not a true bill", or the single Latin word ''ignoramus'' ("we do not know" or "we are ignorant (of)"), was endorsed instead and the bill was said to be "ignored" or thrown out. They could find a true bill as to the charge in one count, and ignore that in another; or as to one defendant and not as to another; but they could not, like a petty jury, return a special or conditional finding, or select part of a count as true and reject the other part. When some bills were "found", some of the jurors came out and handed the bills to the clerk of arraigns (in assizes) or clerk of the peace, who announced to the court the name of the prisoner, the charge, and the endorsements of the grand jury. They then retired and considered other bills until all were disposed of; after which they were discharged by the judge, chairman, or recorder. If a bill was thrown out, although it could not again be referred to the grand jury during the same assizes or sessions, it could be preferred at subsequent assizes or sessions, but not in respect of the same offense if a petty jury had returned a verdict. Ordinarily, bills of indictment were preferred after there had been an examination before the
magistrates The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...
. But this need not always take place. With certain exceptions, any person would prefer a bill of indictment against another before the grand jury without any previous inquiry into the truth of the accusation before a magistrate. This right was at one time universal and was often abused. A substantial check was put on this abuse by the Vexatious Indictments Act 1859. This Act provided that for certain offences which it listed (perjury, libel, etc.), the person presenting such an indictment must be bound by recognizance to prosecute or give evidence against the accused, or alternatively had judicial permission (as specified) so to do. If an indictment was found in the absence of the accused, and he/she was not in custody and had not been bound over to appear at assizes or sessions, then process was issued to bring that person into court, as it is contrary to the English law to "try" an indictment in the absence of the accused. The grand jury's functions were gradually made redundant by the development of committal proceedings in magistrates' courts from 1848 onward when the (three) Jervis Acts, such as the Justices Protection Act 1848, codified and greatly expanded the functions of magistrates in pre-trial proceedings; these proceedings developed into almost a repeat of the trial itself. In 1933 the grand jury ceased to function in England, under the Administration of Justice (Miscellaneous Provisions) Act 1933 and was entirely abolished in 1948, when a clause from 1933 saving grand juries for offences relating to officials abroad was repealed by the Criminal Justice Act 1948.


Scotland

The grand jury was introduced in
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
, solely for
high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, a year after the union with England, by the Treason Act 1708, an Act of the Parliament of
Great Britain Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It ...
. Section III of the Act required the Scottish courts to try cases of treason and
misprision of treason Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a p ...
according to English rules of procedure and evidence. This rule was repealed in 1945. The first Scottish grand jury under this Act met at Edinburgh on 10 October 1748 to take cognisance of the charges against such rebels as had not surrendered, following the
Jacobite rising of 1745 The Jacobite rising of 1745, also known as the Forty-five Rebellion or simply the '45 ( gd, Bliadhna Theàrlaich, , ), was an attempt by Charles Edward Stuart to regain the British throne for his father, James Francis Edward Stuart. It took ...
. An account of its first use in Scotland illustrates the institution's characteristics. It consisted of 23 good and lawful men, chosen out of 48 who were summoned: 24 from the county of
Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
(
Midlothian Midlothian (; gd, Meadhan Lodainn) is a historic county, registration county, lieutenancy area and one of 32 council areas of Scotland used for local government. Midlothian lies in the east- central Lowlands, bordering the City of Edinbu ...
), 12 from Haddington (
East Lothian East Lothian (; sco, East Lowden; gd, Lodainn an Ear) is one of the 32 council areas of Scotland, as well as a historic county, registration county and lieutenancy area. The county was called Haddingtonshire until 1921. In 1975, the his ...
) and 12 from
Linlithgow Linlithgow (; gd, Gleann Iucha, sco, Lithgae) is a town in West Lothian, Scotland. It was historically West Lothian's county town, reflected in the county's historical name of Linlithgowshire. An ancient town, it lies in the Central Belt on a ...
(
West Lothian West Lothian ( sco, Wast Lowden; gd, Lodainn an Iar) is one of the 32 council areas of Scotland, and was one of its historic counties. The county was called Linlithgowshire until 1925. The historic county was bounded geographically by the A ...
). The court consisted of three judges from the
High Court of Justiciary The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cour ...
(Scotland's highest criminal court), of whom Tinwald ( Justice Clerk) was elected ''preses'' (presiding member).
Subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
s under the seal of the court and signed by the clerk were executed on a great number of persons in different shires, requiring them to appear as witnesses under the penalty of £100 each. The ''preses'' named Sir John Inglis of
Cramond Cramond Village (; gd, Cathair Amain) is a village and suburb in the north-west of Edinburgh, Scotland, at the mouth of the River Almond where it enters the Firth of Forth. The Cramond area has evidence of Mesolithic, Bronze Age and Roman ac ...
as Foreman of the Grand Jury, who was sworn first in the English manner by kissing the book; the others followed three at a time; after which Lord Tinwald, addressing the jurors, informed them that the power
His Majesty's advocate His Majesty's Advocate, known as the Lord Advocate ( gd, Morair Tagraidh, sco, Laird Advocat), is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved p ...
possessed before the union, of prosecuting any person for high treason, who appeared guilty on a precognition taken of the facts, being now done away, power was lodged with them, a grand jury, 12 of whom behoved to concur before a true bill could be found. An indictment was then preferred in court and the witnesses endorsed on it were called over and sworn; on which the jury retired to the exchequer chambers and the witnesses were conducted to a room near it, whence they were called to be examined separately. Two solicitors for the crown were present at the examination but no one else; and after they had finished and the sense of the jury was collected, the indictment was returned a "true bill", if the charges were found proved, or " ignoramus" if doubtful. The proceedings continued for a week, in which time, out of 55 bills, 42 were sustained and 13 dismissed. Further Acts of Parliament in the 19th century regarding treason did not specify this special procedure and the Grand Jury was used no longer.


Ireland

In
Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
, grand juries were active from the
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...
during the
Lordship of Ireland The Lordship of Ireland ( ga, Tiarnas na hÉireann), sometimes referred to retroactively as Norman Ireland, was the part of Ireland ruled by the King of England (styled as "Lord of Ireland") and controlled by loyal Anglo-Norman lords between ...
in parts of the island under the control of the English government (
The Pale The Pale ( Irish: ''An Pháil'') or the English Pale (' or ') was the part of Ireland directly under the control of the English government in the Late Middle Ages. It had been reduced by the late 15th century to an area along the east coast ...
), that was followed by the
Kingdom of Ireland The Kingdom of Ireland ( ga, label=Classical Irish, an Ríoghacht Éireann; ga, label= Modern Irish, an Ríocht Éireann, ) was a monarchy on the island of Ireland that was a client state of England and then of Great Britain. It existed from ...
. They mainly functioned as local government authorities at the
county A county is a geographic region of a country used for administrative or other purposes Chambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
level. The system was so-called as the grand jurors had to present their
public works Public works are a broad category of infrastructure projects, financed and constructed by the government, for recreational, employment, and health and safety uses in the greater community. They include public buildings ( municipal buildings, sc ...
proposals and budgets in court for official sanction by a
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
. Grand jurors were usually the largest local payers of
rates Rate or rates may refer to: Finance * Rates (tax), a type of taxation system in the United Kingdom used to fund local government * Exchange rate, rate at which one currency will be exchanged for another Mathematics and science * Rate (mathema ...
, and therefore tended to be the larger
landlord A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant (also a ''lessee'' or ''renter''). When a juristic person is in this position, t ...
s, and on retiring they selected new members from the same background. Distinct from their public works function, as property owners they also were qualified to sit on criminal juries hearing
trials by jury A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significant ...
, as well as having a pre-trial judicial function for serious criminal cases. Many of them also sat as
magistrates The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...
judging the less serious cases. They were usually wealthy "country gentlemen" (i.e. landowners,
landed gentry The landed gentry, or the ''gentry'', is a largely historical British social class of landowners who could live entirely from rental income, or at least had a country estate. While distinct from, and socially below, the British peerage, t ...
, farmers and merchants): From 1691 to 1793,
Dissenters A dissenter (from the Latin ''dissentire'', "to disagree") is one who dissents (disagrees) in matters of opinion, belief, etc. Usage in Christianity Dissent from the Anglican church In the social and religious history of England and Wales, an ...
and
Roman Catholic Roman or Romans most often refers to: * Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD * Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a let ...
s were excluded from membership. The concentration of power and wealth in a few families caused resentment over time. The whole local government system started to become more representative from the passing of the
Municipal Corporations (Ireland) Act 1840 The Municipal Corporations Act (Ireland) 1840 (3 & 4 Vict. c. 108), ''An Act for the Regulation of Municipal Corporations in Ireland'', was passed by the Parliament of the United Kingdom on 10 August 1840. It was one of the Municipal Corporati ...
. The growing divergence of opinions can be seen in the House of Commons debate on 8 March 1861 led by
Isaac Butt Isaac Butt (6 September 1813 – 5 May 1879) was an Irish barrister, editor, politician, Member of Parliament in the House of Commons of the United Kingdom, economist and the founder and first leader of a number of Irish nationalist part ...
. Grand juries were eventually replaced by democratically elected
County Councils A county council is the elected administrative body governing an area known as a county. This term has slightly different meanings in different countries. Ireland The county councils created under British rule in 1899 continue to exist in Irela ...
by the
Local Government (Ireland) Act 1898 The Local Government (Ireland) Act 1898 (61 & 62 Vict. c. 37) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland that established a system of local government in Ireland similar to that already created for England, ...
, as regards their administrative functions. After the formation of
Irish Free State The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between ...
in 1922, grand juries were not required, but they persisted in
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
until abolished by the Grand Jury (Abolition) Act of the
Parliament of Northern Ireland The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended because of its inability to restore ord ...
in 1969.


United States

The
Fifth Amendment to the Constitution of the United States The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendme ...
reads, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury..." In the early decades of the United States, grand juries played a major role in public matters. During that period counties followed the traditional practice of requiring all decisions be made by at least 12 of the grand jurors, (e.g., for a 23-person grand jury, 12 people would constitute a bare majority). Any citizen could bring a matter before a grand jury directly, from a public work that needed repair, to the delinquent conduct of a public official, to a complaint of a crime, and grand juries could conduct their own investigations. In that era most criminal prosecutions were conducted by private parties, either a law enforcement officer, a lawyer hired by a crime victim or his family, or even by laymen. A layman could bring a bill of indictment to the grand jury; if the grand jury found that there was sufficient evidence for a trial, that the act was a crime under law, and that the court had jurisdiction, it would return the indictment to the complainant. The grand jury would then appoint the complaining party to exercise essentially the same authority as a state attorney general has, that is, a general power of attorney to represent the state in the case. The grand jury served to screen out incompetent or malicious prosecutions. The advent of official public prosecutors in the later decades of the 19th century largely displaced private prosecutions. While all states currently have provisions for grand juries, today approximately half of the states employ them and 22 require their use, to varying extents. The constitution of Pennsylvania required, between 1874 and 1968, that a grand jury indict all felonies. Six states (Oklahoma, Nebraska, New Mexico, North Dakota, Nevada, and Kansas) allow citizens to circulate a petition in order to impanel a grand jury. An American federal grand jury has from 16 to 23 jurors, with twelve votes required to return an indictment. All grand jury proceedings are conducted behind closed doors, without a presiding judge. The prosecutors are tasked with arranging for the appearance of witnesses, as well as drafting the order in which they are called, and take part in the questioning of witnesses. The targets of the grand jury or their lawyers have no right to appear before a grand jury unless they are invited, nor do they have a right to present exculpatory evidence. Possibly as a result, there is a running joke in the legal profession that a grand jury could "indict a ham sandwich" if the prosecutor asked. Some sources state the joke originated from a quote by
Sol Wachtler Solomon "Sol" Wachtler (born April 29, 1930) is an American lawyer and Republican politician from New York. He was Chief Judge of the New York Court of Appeals from 1985 to 1992. Wachtler's most famous quote, made shortly after his appointment ...
in 1985, but it is found in a newspaper article from 1979, attributed to an unnamed "
Rochester Rochester may refer to: Places Australia * Rochester, Victoria Canada * Rochester, Alberta United Kingdom *Rochester, Kent ** City of Rochester-upon-Medway (1982–1998), district council area ** History of Rochester, Kent ** HM Prison ...
defense lawyer".


Canada

Grand juries were once common across Canada. The institution of British civil government in 1749 at
Nova Scotia Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native Eng ...
brought the judicature system peculiar to that form, and the grand jury was inherent to it. A similar form derived in Quebec from the promise of the
Royal Proclamation of 1763 The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Procla ...
that a faithful copy of Laws of England would be instituted in the North American possessions of the Crown. Archival records are found that document the presentments of a grand jury in Quebec as early as 16 October 1764. One of the chief complaints was related to the jury trial, and the use of language. The desire for English law was a driver for the division in 1791 of Quebec, as it was then known, at the Ottawa river into
Upper Canada The Province of Upper Canada (french: link=no, province du Haut-Canada) was a Province, part of The Canadas, British Canada established in 1791 by the Kingdom of Great Britain, to govern the central third of the lands in British North Americ ...
and
Lower Canada The Province of Lower Canada (french: province du Bas-Canada) was a British colony on the lower Saint Lawrence River and the shores of the Gulf of Saint Lawrence (1791–1841). It covered the southern portion of the current Province of Quebec ...
, as each of the two groups (French and English) desired to maintain their traditions. In point of fact, the second law passed in Upper Canada relates to (petit) jury trial. This was continued so that Chapter 31 of the 1859 Consolidated Statutes of Upper Canada specifies the constitution of Grand and Petit Juries in the province (now known as Ontario). The colony at St. John's Island, ceded by France in 1763, and separated on 30 May 1769 from Nova Scotia, became
Prince Edward Island Prince Edward Island (PEI; ) is one of the thirteen provinces and territories of Canada. It is the smallest province in terms of land area and population, but the most densely populated. The island has several nicknames: "Garden of the Gulf", ...
on 29 November 1798. Prince Edward Island derived its grand jury from its administrative parent between 1763 and 1769, Nova Scotia, as did Sunbury County when it was split off in 1784 to become the Colony of New Brunswick. The Colony of British Columbia, when it was formed on 2 August 1858, instituted a grand jury, along with the Colony of the Queen Charlotte Islands (1853–1863) and the
Colony of Vancouver Island The Colony of Vancouver Island, officially known as the Island of Vancouver and its Dependencies, was a Crown colony of British North America from 1849 to 1866, after which it was united with the mainland to form the Colony of British Columbia ...
(1848–1866) when the latter were absorbed by the former. Old courthouses with the two jury boxes necessary to accommodate the 24 jurors of a grand jury can still be seen. The grand jury would evaluate charges and return what was called a "true bill (of indictment)" if the charges were to proceed. or a verdict of ''nolle prosequi'' if not. The practice gradually disappeared in Canada over the course of the twentieth century, after being the subject of extended discussions late in the 19th. It was ultimately abolished in 1984 when the
Nova Scotia Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native Eng ...
courts formally ended the practice. Prince Edward Island maintained a grand jury as recently as 1871.


Australia

The grand jury existed in
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
for a short period in the 1820s. The New South Wales Act 1823 (UK) enabled the establishment of
quarter session The courts of quarter sessions or quarter sessions were local courts traditionally held at four set times each year in the Kingdom of England from 1388 (extending also to Wales following the Laws in Wales Act 1535). They were also established in ...
s, as a subsidiary court structure below that of the Supreme Court. Francis Forbes, Chief Justice, reasoned that this entailed the creation of quarter sessions as they existed in England. Thus, inadvertently,
trial by jury A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significan ...
and indictment by grand jury were introduced, but only for these subsidiary courts. Grand juries met in
Sydney Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mounta ...
,
Parramatta Parramatta () is a suburb and major Central business district, commercial centre in Greater Western Sydney, located in the state of New South Wales, Australia. It is located approximately west of the Sydney central business district on the ban ...
, Windsor and other places. This democratic method of trial proved very popular, but was resented by conservatives. Eventually, conservative elements in the colony were successful in having these innovations suppressed by the Australian Courts Act 1828 (UK). George Forbes, a member of the Legislative Council, unsuccessfully moved for the reintroduction of grand juries in 1858, but this was thwarted by the Attorney-General and the Chief Justice. In
South Australia South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest o ...
and
Western Australia Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to t ...
, grand juries existed for longer periods of time. In South Australia, the first grand jury sat on 13 May 1837, but they were abolished in 1852. In Western Australia, by the Grand Jury Abolition Act Amendment Act 1883 (WA), grand juries were abolished (section 4: A Grand Jury shall not be summoned for the Supreme Court of Western Australia, nor for any General Quarter Sessions for the said Colony). This 1883 abolition Act was itself abolished by th
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
(section 5: The Grand Jury Abolition Act Amendment Act 1883 is repealed). The Australian state of
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
maintained, until 2009, provisions for a grand jury in the
Crimes Act 1958 The Crimes Act 1958 is an Act of the Parliament of Victoria. The Act codified most common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicia ...
under section 354 indictments, which had been used on rare occasions by individuals to bring other persons to court seeking them to be committed for trial on indictable offences. Grand juries were introduced by the Judicature Act 1874 and have been used on a very limited number of occasions. Their function in Victoria particularly relates to alleged offences either by bodies corporate or where magistrates have aborted the prosecution.


New Zealand

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island coun ...
abolished the grand jury in 1961.


Cape Colony

Trial by jury A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significan ...
was introduced in the
Cape Colony The Cape Colony ( nl, Kaapkolonie), also known as the Cape of Good Hope, was a British colony in present-day South Africa named after the Cape of Good Hope, which existed from 1795 to 1802, and again from 1806 to 1910, when it united with ...
by
Richard Bourke General Sir Richard Bourke, KCB (4 May 1777 – 12 August 1855), was an Irish-born British Army officer who served as Governor of New South Wales from 1831 to 1837. As a lifelong Whig (Liberal), he encouraged the emancipation of convicts and ...
, Lieutenant Governor and acting Governor of the colony between 1826 and 1828. The acting Governor, who was later influential in the establishment of jury trial in
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
, obtained the consent of the
Secretary of State for the Colonies The secretary of state for the colonies or colonial secretary was the British Cabinet minister in charge of managing the United Kingdom's various colonial dependencies. History The position was first created in 1768 to deal with the increas ...
in August 1827 and the first Charter of Justice was issued on 24 August 1827. Jury trial was brought into practical operation in 1828 and the 1831 Ordinance 84 laid down that criminal cases would be heard by a panel of nine, selected from males aged between 21 and 60, owning or renting property to a value of £1.17s (37 shillings) per annum or having liability for taxes of 30 shillings in Cape Town and 20 shillings outside the town. Black (i.e. non-white) jurors were not entirely excluded and sat occasionally. This is not to imply, however, that juries did not operate in an oppressive manner towards the Black African and Asian residents of the Cape, whose participation in the jury lists was, in any event, severely limited by the property qualification. The property qualification was amended in 1831 and 1861 and, experimentally, a grand jury came into operation. The grand jury was established for Cape Town alone. It met quarterly. In 1842 it was recorded that it served a district of 50,000 inhabitants and in one quarterly session there were six presentments (1 homicide, 2 assaults, 1 robbery, 1 theft, 1 fraud). As elsewhere, the judge could use his charge to the grand jury to bring matters of concern to him to the attention of the public and the government. In May 1879 Mr. Justice Fitzpatrick, returning from circuit in the northern and western parts of Cape Colony, gave a charge to the grand jury at the Criminal Sessions at Cape Town, in which, after congratulating them upon the lightness of the calendar, he observed there were indications in the country of a growing mutual bad feeling between the races, etc. This was reported in the ''Cape Argus'' and was a subject of a question to the government in the House of Commons in London. The grand jury continued in operation until 1885, by which time the Cape was under
responsible government Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability, the foundation of the Westminster system of parliamentary democracy. Governments (the equivalent of the executive br ...
, when it was abolished by Act 17 of 1885 of the
Cape Parliament The Parliament of the Cape of Good Hope functioned as the legislature of the Cape Colony, from its founding in 1853, until the creation of the Union of South Africa in 1910, when it was dissolved and the Parliament of South Africa was establis ...
.


France

Grand juries were established in
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
in 1791 under the name ''jury d'accusation'', but they were abolished with the introduction of the Code of Criminal Instruction in 1808. The jury law of 1791 created an eight-man ''jury d'accusation'' in each ''
arrondissement An arrondissement (, , ) is any of various administrative divisions of France, Belgium, Haiti, certain other Francophone countries, as well as the Netherlands. Europe France The 101 French departments are divided into 342 ''arrondissements ...
'' (a subdivision of the ''departement'') and a 12-man ''jury de jugement'' in each ''
departement In the administrative divisions of France, the department (french: département, ) is one of the three levels of government under the national level ("territorial collectivities"), between the administrative regions and the communes. Ninety- ...
''. In each ''arrondissement'' the ''procureur-syndic'' drew up a list of 30 jurors from the electoral roll every three months for the ''jury d'accusation''. There was no public prosecutor or '' juge d'instruction''. Instead the police or private citizens could bring a complaint to the
Justice of the Peace A justice of the peace (JP) is a judicial officer of a lower or '' puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the s ...
established in each
canton Canton may refer to: Administrative division terminology * Canton (administrative division), territorial/administrative division in some countries, notably Switzerland * Township (Canada), known as ''canton'' in Canadian French Arts and ente ...
(a subdivision of the arrondissement). This magistrate interrogated the accused to determine whether grounds for prosecution existed and if so sent the case to the ''directeur du jury'' (the director of the ''jury d'accusation''), who was one of the ''arrondissement's'' civil court judges, and who served in the post for six months on a rotating basis. He decided whether to dismiss the charges or, if not, whether the case was a '' délit'' (
misdemeanour A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...
) or a crime (
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that res ...
, i.e. imprisonable for 2 years or more). ''Délits'' went to the ''tribunal de police correctionnelle'' of the ''arrondissement'', while for ''crimes'' the ''directeur de jury'' convoked the ''jury d'accusation'' of the ''arrondissement'', in order to get an
indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that ...
. The ''directeur du jury'' drew up the bill of indictment (''acte d'accusation'') summarising the charges to be presented to the ''jury d'accusation''. The ''directeur'' made a presentation to the jury in the absence of the accused and the jury heard the witnesses. The jury then decided by majority vote whether there were sufficient grounds for the case to go to the ''tribunal criminel'' of the ''departement''. Between 1792 and 1795 there was no property qualification for jurors. The functions of the ''jury d’accusation'' were prescribed in the law of 1791 passed by the
Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
and were maintained and re-enacted in the ''Code des Délits et des Peines'' of 3 Brumaire, Year 4 (25 October 1795) and this was the operative law until it was abolished in 1808.
Special juries A special jury, which is a jury selected from a special roll of persons with a restrictive qualification, could be used for civil or criminal cases, although in criminal cases only for misdemeanours such as seditious libel. The party opting for a s ...
and special grand juries were originally defined in law, for cases thought to require more qualified jurors, but these were abolished in Year 8 (1799).


Belgium

From 1795 to 1808 grand juries also operated in
Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to ...
, which was divided into French ''
departements A department (, ) is an administrative or political division in several countries. Departments are the first-level divisions of 11 countries, nine in the Americas and two in Africa. An additional 10 countries use departments as second-level div ...
'' in October 1795.


Japan

After
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
, under the influence of the
Allies An alliance is a relationship among people, groups, or states that have joined together for mutual benefit or to achieve some common purpose, whether or not explicit agreement has been worked out among them. Members of an alliance are called ...
,
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the n ...
passed the Prosecutorial Review Commission Law on July 12, 1948, which created the ''Kensatsu Shinsakai'' (or Prosecutorial Review Commission (PRC) system), a figure analogue to the grand jury system. However, until 2009 the PCR's recommendations were not binding, and were only regarded as advisory. Additionally, a survey conducted by the Japanese Cabinet Office in October 1990 showed that 68. 8% of surveyed Japanese citizens were not familiar with the PRC system. On May 21, 2009, the Japanese government introduced new legislation which would make the PRC's decisions binding. A PRC is made up of 11 randomly selected citizens, is appointed to a six-month term, and its primary purpose is examining cases prosecutors have chosen not to continue prosecuting. It has therefore been perceived as a way to combat misfeasance in public officials. From 1945 to 1972
Okinawa is a Prefectures of Japan, prefecture of Japan. Okinawa Prefecture is the southernmost and westernmost prefecture of Japan, has a population of 1,457,162 (as of 2 February 2020) and a geographic area of 2,281 Square kilometre, km2 (880 sq mi). ...
was under American administration. Grand jury proceedings were held in the territory from 1963 until 1972. By an ordinance of the civil administration of the
Ryukyu Islands The , also known as the or the , are a chain of Japanese islands that stretch southwest from Kyushu to Taiwan: the Ōsumi, Tokara, Amami, Okinawa, and Sakishima Islands (further divided into the Miyako and Yaeyama Islands), with Yon ...
promulgated in 1963, grand jury indictment and petit jury trial were assured for criminal defendants in the civil administration courts. This ordinance reflected the concern of the U.S. Supreme Court that U.S. civilians tried for crimes abroad under tribunals of U.S. provenance should not be shorn of the protections of the U.S. Bill of Rights. Indeed, the District Court in Washington twice held that the absence of the jury system in the civil administration courts in Okinawa invalidated criminal convictions.


Liberia

By article 21 of the
Constitution of Liberia The Constitution of Liberia is the supreme law of the Republic of Liberia. The current constitution, which came into force on 6 January 1986, replaced the Liberian Constitution of 1847, which had been in force since the independence of Liberia. ...
, 'No person shall be held to answer for a capital or infamous crime except in cases of impeachment, cases arising in the Armed Forces and petty offenses, unless upon indictment by a Grand Jury". For example, the national Port Authority's managing director was indicted by the Monteserrado County Grand Jury in July 2015, on charges of economic sabotage, theft of property and criminal conspiracy. Grand juries in Liberia date from the time of the original constitution in 1847.


Sierra Leone

Under the administration of the
Sierra Leone Company The Sierra Leone Company was the corporate body involved in founding the second British colony in Africa on 11 March 1792 through the resettlement of Black Loyalists who had initially been settled in Nova Scotia (the Nova Scotian Settlers) aft ...
, which began in 1792, the Governor and Council or any two members thereof, being also
justices of the peace A justice of the peace (JP) is a judicial officer of a lower or '' puisne'' court, elected or appointed by means of a commission (letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sam ...
, held
quarter session The courts of quarter sessions or quarter sessions were local courts traditionally held at four set times each year in the Kingdom of England from 1388 (extending also to Wales following the Laws in Wales Act 1535). They were also established in ...
s for the trial of offences committed within the colony. The process for indictment etc. was the same as the practice in England or as near as possible thereto. To effect this, they were empowered to issue their warrant or precept to the Sheriff, commanding him to summon a grand jury to sit at the court of quarter sessions. Grand juries continued in operation after the transfer to the colony to the Crown in 1807. Governor Kennedy (1852–1854) was concerned that jurors were frustrating government policy by being biased in certain cases; in particular he felt that liberated Africans on the grand jury would never convict another liberated African on charges of owning or importing slaves. He promulgated the Ordinance of 29 November 1853 which abolished the grand jury.House of Commons. Reports from Committees, Vol 5, Session 7 Feb-6 Jul 1865 Opposition was immediately mounted in
Freetown Freetown is the Capital city, capital and largest city of Sierra Leone. It is a major port city on the Atlantic Ocean and is located in the Western Area of the country. Freetown is Sierra Leone's major urban, economic, financial, cultural, educ ...
. A public meeting launched a petition with 550 names to the Colonial Secretary in London, and the opposition declared that the Kennedy ordinance was a reproach upon the loyalty of the community. Grand juries have been considered one colonial body representative of local opinion and the Colonial Secretary's support for Kennedy upholding the abolition inspired a round of agitation for a local voice in government decision-making.


See also

* Blue-ribbon committee * Civil grand jury *
Examining magistrate In an inquisitorial system of law, the examining magistrate (also called investigating magistrate, inquisitorial magistrate, or investigating judge) is a judge who carries out pre-trial investigations into allegations of crime and in some cases m ...
, which has a similar function (but works differently) in countries using the
inquisitorial system An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an ...
*
Immunity from prosecution Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Su ...
* Inquests in England and Wales


Notes


References


External links

* * * * * * * * * *


Grand juror handbooks

* U.S. Federal Grand Jury Handbook (
PDF Portable Document Format (PDF), standardized as ISO 32000, is a file format developed by Adobe in 1992 to present documents, including text formatting and images, in a manner independent of application software, hardware, and operating systems. ...
) * * * Handbook for Hennepin County (Minnesota) Grand Jurors (
PDF Portable Document Format (PDF), standardized as ISO 32000, is a file format developed by Adobe in 1992 to present documents, including text formatting and images, in a manner independent of application software, hardware, and operating systems. ...
) * {{Authority control Courts by type Criminal procedure Juries History of local government in Ireland Local government