Indictable Offence - England and Wales

England and Wales

In relation to England and Wales, 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.

An either way 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 Magistrates' Court if the facts suggest that the sentencing 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 2 years detention is adequate to punish the offender if found guilty.

History

See section 64 of the Criminal Law Act 1977.

Grand juries were abolished in 1933.