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In manycommon lawjurisdictions (e.g.England and Wales,Ireland,Canada,Hong Kong,India,Australia,New Zealand,Malaysia,Singapore), anindictable offence is an offence which can only be tried on anindictment after a preliminary hearing to determine whether there is aprima facie case to answer or by agrand jury (in contrast to asummary offence). A similar concept in the United States is known as afelony, which for federal crimes, also requires an indictment. InScotland, which is a hybrid common law jurisdiction, theprocurator fiscal will commencesolemn proceedings for serious crimes to be prosecuted on indictment before a jury.
In Australia, an indictable offence is more serious than asummary offence, and one where the defendant has the right totrial by jury. They include crimes such asmurder,rape, and threatening or endangering life. The system is underpinned by variousstate and territory acts and theCommonwealth Crimes Act 1914.[1][2]
InSouth Australia,New South Wales, andQueensland, indictable offences are further split into two categories: major indictable offences (includingmurder,rape, and threatening or endangering life) are heard in the state's Supreme Court, while minor indictable offences are heard in the District Court.[1][2] In South Australia, minor indictable offences are generally heard inmagistrates courts, although the defendant may elect to be heard in the District Court.[2]
In Canada, an indictable offence is a crime that is more serious than asummary offence. Examples of indictable offences include theft over $5,000, breaking and entering, aggravated sexual assault, and murder. Maximum penalties for indictable offences are different depending on the crime and can include life in prison. There are minimum penalties for some indictable offences.[3]
In relation to England and Wales, the expressionindictable offence means an offence which, if committed by an adult, is triable onindictment, whether it is exclusively so triable ortriable either way; and the termindictable, 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 theMagistrates' Courts Act 1980 on the mode of trial in a particular case.[4]
An either-way offence allows the defendant to elect between trial by jury on indictment in theCrown Court and summary trial in amagistrates' court. However, the election may be overruled by the magistrates' court if the facts suggest that thesentencing powers of a magistrates' court would be inadequate to reflect 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 homicide and certain firearms offences, and will normally do so provided that the available sentencing power of two years' detention is adequate to punish the offender if found guilty.
See section 64 of theCriminal Law Act 1977.
Grand juries were abolished in 1933.
Some offences such asmurder andrape 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 thejudge.
The expressionindictable-only offence was defined by section 51 of theCrime 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 abolishedcommittal proceedings for such offences and made other provisions in relation to them.
When the accused is charged with an indictable-only offence, he or she will be tried in the Crown Court. The rules are different in England and Wales in respect of those under 18 years of age.
See also section 14(a) of theCriminal Law Act 1977.
Similarly in New Zealand, a rape or murder charge will be tried at theHigh Court, while less serious offences such as theft will be tried at theDistrict Court. However, the District Court can hold both jury and summary trials.
In the United States, federal felonies always require an indictment from a grand jury before proceeding to trial. In contrast, while misdemeanors may proceed to trial on indictment, this is not required, as they may also proceed on information or complaint.[5] Different states have different policies; since the requirement of an indictment by grand jury is notincorporated against the states, in many states, an indictment is not required for a felony case to proceed. However, some states do still use grand jury indictments for felony-level offenses and may use other terminology. For instance, inNew Jersey, whoseconstitution requires all "crimes" to be charged by indictment but allows lesser "offenses" not to be, felony-level offenses are commonly called "indictable offenses", including in the New Jersey Penal Code, to avoid confusion between the narrow technical definition of the word "crime" from the state's constitutional jurisprudence and the broader sense.
Types ofcrime | ||
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Note: Crimes vary byjurisdiction. Not all types are listed here. | ||
| Classes | ||
| Against the person |
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| Againstproperty | ||
| Against the public | ||
| Against thestate | ||
| Againstjustice | ||
| Against animals | ||
| Sexual offenses | ||
| Inchoate offenses | ||
