Editing Grand jury (section)

===England and Wales ===
{{See also|Inquests in England and Wales}}
The sheriff of every county was required to return to every [[quarter session]]s and [[assizes]] (or more precisely the commission of ''[[oyer and terminer]]'' 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.<ref>Harris, Principles of the Criminal Law, 3rd Ed, 1884, p [https://archive.org/details/principlescrimi00agabgoog/page/357/mode/1up?view=theater 357].</ref>

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.<ref>Harris, Principles of the Criminal Law, 3rd Ed, 1884, pp [https://archive.org/details/principlescrimi00agabgoog/page/357/mode/1up?view=theater 357] & 358.</ref>

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 [[Wiktionary:ignoramus|''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.<ref>Harris, Principles of the Criminal Law, 3rd Ed, 1884, pp [https://archive.org/details/principlescrimi00agabgoog/page/358/mode/1up 358] & 359.</ref>

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.<ref>Harris, Principles of the Criminal Law, 3rd Ed, 1884, p [https://archive.org/details/principlescrimi00agabgoog/page/359/mode/1up?view=theater 359].</ref>

Ordinarily, bills of indictment were preferred after there had been an examination before the [[Magistrates of England and Wales|magistrates]]. 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.<ref>22 & 23 Vict. c. 17, s. l.</ref> 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.<ref>Harris, Principles of the Criminal Law, 3rd Ed, 1884, pp [https://archive.org/details/principlescrimi00agabgoog/page/359/mode/1up?view=theater 359] & 360.</ref>

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.<ref>Harris, Principles of the Criminal Law, 3rd Ed, 1884, p [https://archive.org/details/principlescrimi00agabgoog/page/361/mode/1up?view=theater 361].</ref>

The grand jury's functions were gradually made redundant by the development of [[committal procedure|committal proceedings]] in magistrates' courts from 1848 onward when the (three) [[John Jervis (judge)|Jervis]] Acts,<ref>See "Indictable Offences Act 1848" (11 and 12 Vict c. 42); title: "An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to Persons charged with indictable Offences".</ref> 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<ref>{{cite web |url=http://www.legislation.gov.uk/ukpga/Geo5/23-24/36/contents/data.htm |title=Administration of Justice (Miscellaneous Provisions) Act 1933 |website=Legislation.gov.uk}}</ref> 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]].<ref>Kenny's Outlines of Criminal Law, 18th Ed, [https://books.google.com/books?id=ZX9sAAAAQBAJ&pg=PA578 p 578]</ref><ref>"The Grand Jury in England's Past and America's Present: Part I" [https://books.google.com/books?id=MI4wAQAAIAAJ 162] Justice of the Peace 839 at 842 (24 October 1998)</ref>