The Circuit Court has the authority to impanel both regular and special grand juries. The grand jury determines whether there is probable cause to believe that the person accused has committed the crime charged in an indictment and whether that person should stand trial.
A special grand jury is composed of seven to eleven citizens. |
A regular grand jury is composed of five to seven citizens of the city or county where the Circuit Court is located.
Members of the grand jury must be citizens of Virginia at least eighteen years of age and residents of the State for one year and of the county or city in which they are to serve for at least six months. The qualifications for members of a special grand jury are the same as for a regular grand jury.Between sixty and one hundred twenty citizens "of honesty, intelligence and good demeanor" as required by law are selected annually by the circuit court judge to serve as grand jurors during the year.
Grand jurors are convened at each term of the court for two purposes: (1) to consider indictments prepared by the Commonwealth's Attorney; and (2) to investigate and report concerning any condition which involves or tends to promote criminal activity, either in the community or by any governmental authority, agency, or official. The grand jury hears only the Commonwealth's side of the case and does not determine the guilt or innocence of the accused.
A special grand jury may be empanelled by the circuit court (1) at any time upon the court's own motion, or (2) upon the recommendation of a minority of the members of a regular grand jury. A special grand jury must be impaneled upon the recommendation of a majority of the members of a regular grand jury.