All Topics  
Indictable offence

 

 
   Email Print
   Bookmark   Link
 

 

Indictable offence
 
 
  Topics Indictable offence Topic Home

In many common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 jurisdiction
Jurisdiction

In law, jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility....
s (e.g. the United Kingdom
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
, Republic of Ireland
Republic of Ireland

Ireland is an Island country in north-western Europe. The modern Sovereignty state occupies about five-sixths of the island of Ireland, which was partitioned by the British on 3 May 1921....
, Canada
Canada

Canada is a country occupying most of northern North America, extending from the Atlantic Ocean in the east to the Pacific Ocean in the west and northward into the Arctic Ocean....
, United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
, India
India

India, officially the Republic of India , is a country in South Asia. It is the List of countries and outlying territories by total area country by geographical area, the List of countries by population country, and the most populous liberal democracy in the world....
, Australia
Australia

Australia, officially the Commonwealth of Australia, is a country in the southern hemisphere comprising the Australia of the world's smallest continent, the major island of Tasmania, and numerous list of islands of Australia in the Indian Ocean and Pacific Oceans....
, New Zealand
New Zealand

New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses , and numerous Islands of New Zealand, most notably Stewart Island/Rakiura and the Chatham Islands....
), an indictable offence is an offence which can only be tried on an indictment
Indictment

In the common law legal system, an indictment is a formal accusation that a person has committed a criminal offense. In those jurisdictions which retain the concept of a felony, the serious criminal offense would be a felony; those jurisdictions which have abolished the concept of a felony often substitute the concept of an indictable offenc...
 after a preliminary hearing to determine whether there is a prima facie
Prima facie

Prima facie is a little List of Latin phrases meaning "on its first appearance", or "by first instance". Literally the phrase translates as first face, "prima" first, "facie" face....
 case to answer or by a grand jury
Grand jury

In the common law, a grand jury is a type of jury that determines whether there is enough evidence for a Criminal procedure. Grand juries carry out this duty by examining evidence presented to them by a prosecutor and issuing indictments, or by investigating alleged crimes and issuing Wiktionary:presentments....
. In trial
Trial (law)

In law, a trial is an event in which parties come together to a dispute present information in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute....
s for indictable offences, the accused normally has the right to a jury trial
Jury trial

A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge. It is be distinguished from a bench trial, in which a judge or panel of judges make all decisions....
, unless he or she waives that right. In the United States, a crime of similar severity is a felony
Felony

A felony is a serious crime in the United States and previously other common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors....
, although it too proceeds after an indictment.

In English law
English law

English law is the Legal systems of the world of England and Wales, and is the basis of common law legal systems used in most Commonwealth of Nations countriesand the United States ....
 the term refers to either way
Either Way

"Either Way" is a song by The Twang, which was released as their second single under the B-Unique Records on May 28, 2007, and it is also the second single to be taken from the band's debut album Love It When I Feel Like This....
 and indictable only offences.






Discussion
Ask a question about 'Indictable offence'
Start a new discussion about 'Indictable offence'
Answer questions from other users
Full Discussion Forum



Encyclopedia


In many common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 jurisdiction
Jurisdiction

In law, jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility....
s (e.g. the United Kingdom
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
, Republic of Ireland
Republic of Ireland

Ireland is an Island country in north-western Europe. The modern Sovereignty state occupies about five-sixths of the island of Ireland, which was partitioned by the British on 3 May 1921....
, Canada
Canada

Canada is a country occupying most of northern North America, extending from the Atlantic Ocean in the east to the Pacific Ocean in the west and northward into the Arctic Ocean....
, United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
, India
India

India, officially the Republic of India , is a country in South Asia. It is the List of countries and outlying territories by total area country by geographical area, the List of countries by population country, and the most populous liberal democracy in the world....
, Australia
Australia

Australia, officially the Commonwealth of Australia, is a country in the southern hemisphere comprising the Australia of the world's smallest continent, the major island of Tasmania, and numerous list of islands of Australia in the Indian Ocean and Pacific Oceans....
, New Zealand
New Zealand

New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses , and numerous Islands of New Zealand, most notably Stewart Island/Rakiura and the Chatham Islands....
), an indictable offence is an offence which can only be tried on an indictment
Indictment

In the common law legal system, an indictment is a formal accusation that a person has committed a criminal offense. In those jurisdictions which retain the concept of a felony, the serious criminal offense would be a felony; those jurisdictions which have abolished the concept of a felony often substitute the concept of an indictable offenc...
 after a preliminary hearing to determine whether there is a prima facie
Prima facie

Prima facie is a little List of Latin phrases meaning "on its first appearance", or "by first instance". Literally the phrase translates as first face, "prima" first, "facie" face....
 case to answer or by a grand jury
Grand jury

In the common law, a grand jury is a type of jury that determines whether there is enough evidence for a Criminal procedure. Grand juries carry out this duty by examining evidence presented to them by a prosecutor and issuing indictments, or by investigating alleged crimes and issuing Wiktionary:presentments....
. In trial
Trial (law)

In law, a trial is an event in which parties come together to a dispute present information in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute....
s for indictable offences, the accused normally has the right to a jury trial
Jury trial

A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge. It is be distinguished from a bench trial, in which a judge or panel of judges make all decisions....
, unless he or she waives that right. In the United States, a crime of similar severity is a felony
Felony

A felony is a serious crime in the United States and previously other common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors....
, although it too proceeds after an indictment.

In English law
English law

English law is the Legal systems of the world of England and Wales, and is the basis of common law legal systems used in most Commonwealth of Nations countriesand the United States ....
 the term refers to either way
Either Way

"Either Way" is a song by The Twang, which was released as their second single under the B-Unique Records on May 28, 2007, and it is also the second single to be taken from the band's debut album Love It When I Feel Like This....
 and indictable only offences. An either way or hybrid offence allows the defendant to elect between trial by jury on indictment in the Crown Court
Crown Court

The Crown Court of England and Wales is, together with the High Court of Justice of England and Wales and the Court of Appeal of England and Wales, one of the constituent parts of the Supreme Court of Judicature in England and Wales....
 and summary trial in the Magistrates' Court
Magistrate

A magistrate is a judicial officer; in ancient Rome, the word magistratus denoted one of the highest government officers with judicial and executive powers....
. However. the election may be overruled by the court of first instance if the facts suggest that the sentencing
Sentence (law)

In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence generally involves a decree of prison, a Fine and/or other punishments against a defendant conviction of a crime....
 powers of a Magistrates' Court would be inadequate to represent the seriousness of the offence. Some offences such as murder
Murder

Murder as defined in common law countries, is the unlawful killing of another human being with intent , and generally this state of mind distinguishes murder from other forms of unlawful homicide....
 and rape
Rape

Rape, also referred to as sexual assault, is an assault by a person involving sexual intercourse with or sexual penetration of another person without that person's consent....
 are considered so serious that they can only be tried on indictment at the Crown Court where the widest range of sentencing powers is available to the judge
Judge

A judge, or arbiter of justice, is a lead official who presides over a court of law,which is operated by the local, state, and/or federal government....
. When the accused is charged with an indictable offence he/she is sent to the Crown Court for trial.

See also

  • Summary offence
    Summary offence

    A summary offence, also known as a petty crime, is a crime act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment....
  • Felony
    Felony

    A felony is a serious crime in the United States and previously other common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors....
  • Indictment
    Indictment

    In the common law legal system, an indictment is a formal accusation that a person has committed a criminal offense. In those jurisdictions which retain the concept of a felony, the serious criminal offense would be a felony; those jurisdictions which have abolished the concept of a felony often substitute the concept of an indictable offenc...