Indictable offence
Encyclopedia
In many common law
jurisdiction
s (e.g. the Republic of Ireland
, Canada
, Hong Kong
, India
, Australia
, New Zealand
), an indictable offence is an offence which can only be tried on an indictment
after a preliminary hearing to determine whether there is a prima facie
case to answer or by a grand jury
(in contrast to a summary offence
). In the United States
, a crime of similar severity is a felony
, although it too proceeds after an indictment.
, the expression "indictable offence" means an offence which, if committed by an adult, is triable on indictment
, whether it is exclusively so triable or triable either way; and the term "indictable", in its application to offences, is to be construed accordingly. In this definition, references to the way or ways in which an offence is triable are to be construed without regard to the effect, if any, of section 22 of the Magistrates' Courts Act 1980
on the mode of trial in a particular case.
In English law
, the term refers to either way
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
and summary trial in the Magistrates' Court
. However, the election may be overruled by the court of first instance if the facts suggest that the sentencing
powers of a Magistrates' Court would be inadequate to represent the seriousness of the offence.
In relation to some indictable offences, for example criminal damage, only summary trial is available unless the damage caused exceeds £5,000.
A youth court has jurisdiction to try all indictable offences with the exception of murder, and will normally do so provided that the available sentencing power of 2 years detention is adequate to punish the offender if found guilty.
and rape
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
.
The expression indictable-only offence was defined by section 51(1) of the Crime and Disorder Act 1998
, as originally enacted, as an offence triable only on indictment. Sections 51 and 52 of, and Schedule 3 to, that Act abolished committal proceedings for such offences and made other provisions in relation to them.
When the accused is charged with an indictable only offence, he is sent to the Crown Court for trial. The rules are different in England and Wales in respect of those under 18 years of age.
See also section 14(a) of the Criminal Law Act 1977
.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdiction
Jurisdiction
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 Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
, India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
), an indictable offence is an offence which can only be tried on an indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
after a preliminary hearing to determine whether there is a prima facie
Prima facie
Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
case to answer or by a grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
(in contrast to a summary offence
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
). In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, a crime of similar severity is a felony
Felony
A felony is a serious crime in the 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.
England and Wales
In relation to England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, the expression "indictable offence" means an offence which, if committed by an adult, is triable on indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
, whether it is exclusively so triable or triable either way; and the term "indictable", in its application to offences, is to be construed accordingly. In this definition, references to the way or ways in which an offence is triable are to be construed without regard to the effect, if any, of section 22 of the Magistrates' Courts Act 1980
Magistrates' Courts Act 1980
The Magistrates' Courts Act 1980 is an Act of the Parliament of the United Kingdom. It codifies the procedures applicable in magistrates' courts in the United Kingdom and largely replaces the Magistrates' Courts Act 1952...
on the mode of trial in a particular case.
In English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, 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 and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
and summary trial in the Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
. 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 explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
powers of a Magistrates' Court would be inadequate to represent the seriousness of the offence.
In relation to some indictable offences, for example criminal damage, only summary trial is available unless the damage caused exceeds £5,000.
A youth court has jurisdiction to try all indictable offences with the exception of murder, and will normally do so provided that the available sentencing power of 2 years detention is adequate to punish the offender if found guilty.
Offences triable only on indictment
Some offences such as murderMurder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
and rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
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 is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
.
The expression indictable-only offence was defined by section 51(1) of the Crime and Disorder Act 1998
Crime and Disorder Act 1998
The Crime and Disorder Act 1998 is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received Royal Assent in July 1998...
, as originally enacted, as an offence triable only on indictment. Sections 51 and 52 of, and Schedule 3 to, that Act abolished committal proceedings for such offences and made other provisions in relation to them.
When the accused is charged with an indictable only offence, he is sent to the Crown Court for trial. The rules are different in England and Wales in respect of those under 18 years of age.
See also section 14(a) of the Criminal Law Act 1977
Criminal Law Act 1977
The Criminal Law Act 1977 is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It is mainly significant because it defines the offence of conspiracy in English law...
.