Origins Richard Helmholz traces the Grand Jury's origins to the
Assize of Clarendon in 1166, an Act of
Henry II of England, though others note that the trial jury was brought to England by the
Normans, and a form of grand jury may have been used during the reign of
Æthelred the Unready. 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 used by
William the Conqueror in the
Domesday Book. In each
shire, a body of important men were sworn (
juré) to report to the
sheriff 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 in 1215 on demand of the nobility.
England and Wales The sheriff of every county was required to return to every
quarter sessions 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. 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. 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, solely for
high treason, a year after the
union with England, by the
Treason Act 1708, an
Act of the Parliament of
Great Britain. Section III of the Act required the Scottish courts to try cases of treason and
misprision of treason 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. 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 (
Midlothian), 12 from
Haddington (
East Lothian) and 12 from
Linlithgow (
West Lothian). The court consisted of three judges from the
High Court of Justiciary (Scotland's highest criminal court), of whom
Tinwald (
Justice Clerk) was elected
preses (presiding member).
Subpoenas 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 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 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.
Ireland In
Ireland, grand juries were active from the
Middle Ages during the
Lordship of Ireland in parts of the island under the control of the English government (
The Pale), that was followed by the
Kingdom of Ireland in 1542. They mainly functioned as local government authorities at the
county level. The system was so-called as the grand jurors had to present their
public works proposals and budgets in court for official sanction by a
judge. Grand jurors were usually the largest local payers of
rates, and therefore tended to be the larger
landlords, 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, as well as having a pre-trial judicial function for serious criminal cases. Many of them also sat as
magistrates judging the less serious cases. They were usually wealthy "country gentlemen" (i.e. landowners,
landed gentry, farmers and merchants): From 1691 to 1793,
Catholics and Protestants who were not members of
Church of Ireland were excluded from membership. The concentration of power and wealth in a few families caused resentment over time. The system of local government started to become more representative from the passing of the
Municipal Corporations (Ireland) Act 1840. A divergence of opinions can be seen in the House of Commons debate on 8 March 1861 led by
Isaac Butt. Grand juries were eventually replaced by democratically elected
county councils by the
Local Government (Ireland) Act 1898, as regards their administrative functions. After the formation of
Irish Free State, grand juries were abolished by section 27 of the
Courts of Justice Act 1924, but they persisted in
Northern Ireland until abolished by the
Grand Jury (Abolition) Act (Northern Ireland) 1969 of the
Parliament of Northern Ireland in 1969.
Canada Grand juries were once common across Canada. The institution of British civil government in 1749 at
Nova Scotia 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 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 and
Lower Canada, 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 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. along with the
Colony of the Queen Charlotte Islands (1853–1863) and the
Colony of Vancouver Island (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. It was ultimately abolished in 1984 when the
Nova Scotia courts formally ended the practice. In the present day, probable cause is determined by a judge in the preliminary hearing. In many circumstances, the attorney general can skip the preliminary hearing and have the case go directly to trial if it is in the interests of public safety.
Australia The grand jury existed in
New South Wales for a short period in the 1820s. The
New South Wales Act 1823 (UK) enabled the establishment of
quarter sessions, 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 and indictment by grand jury were introduced, but only for these subsidiary courts. Grand juries met in
Sydney,
Parramatta,
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 and
Western Australia, 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 the
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 maintained, until 2009, provisions for a grand jury in the
Crimes Act 1958 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 The grand jury was established in
New Zealand in 1844. Its function was to consider
bills of indictment preferred against persons committed for trial and to decide whether the evidence against them justified their standing trial. At first the grand jury retained the theoretical power to present an indictment of its own motion, a relic of mediaeval times when the grand jury's purpose was to accuse rather than protect from trial. This power has disappeared in 1893. Grand juries were later abolished in 1961 and followed by special juries in 1981.
Cape Colony Trial by jury was introduced in the
Cape Colony by
Richard Bourke, 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, obtained the consent of the
Secretary of State for the Colonies 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, when it was abolished by Act 17 of 1885 of the
Cape Parliament.
France Grand juries were established in
France 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 (a subdivision of the departement
) and a 12-man jury de jugement
in each departement. 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 established in each canton (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) or a crime (felony, 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. 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 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 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).
Sierra Leone Under the administration of the
Sierra Leone Company, which began in 1792, the Governor and Council or any two members thereof, being also
justices of the peace, held
quarter sessions 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. Opposition was immediately mounted in
Freetown. 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 ==