In criminal law, an indictment is the formal document which brings charges for a felony or indictable offence before a superior court for trial. In other words, a person cannot be tried for a felony unless an indictment is obtained.
- Convening a grand jury to present evidence that the crime has been committed or;
- Holding a preliminary hearing before a judge of an inferior court.
In both cases, the prosecutor must present evidence that shows that there is reasonable and probable cause to believe that a crime has been committed. If the prosecutor fails to do so, they are generally not allowed to seek a new indictment unless they find new evidence.