Indictable offence: Difference between revisions

In many [[common law]] [[jurisdiction]]s (e.g., [[England and Wales]], [[Republic of Ireland|Ireland]], [[Canada]], [[Hong Kong]], [[India]], [[Australia]], [[New Zealand]], [[Malaysia]], [[Singapore]]), 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]]). InA similar concept in the [[United States]], ais crimeknown of similar severity and rules is calledas a [[felony]], which for federal crimes, also requires an indictment. In [[Scotland]], which is a [[Scots law | hybrid common law]] jurisdiction, the [[Procuratorprocurator fiscal]] will commence [[Solemnsolemn proceedings]] for serious crimes to be prosecuted on indictment before a jury.

In [[Canada]], an indictable offence is a crime that is more serious than a [[summary offence#Canada|summary 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.<ref>{{cite web|url=https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-accused-of-a-crime/understanding-charges/types-of-offences|title=Government of British Columbia|author=|date=|website=Types of Offences|accessdateaccess-date=17 May 2020}}</ref>

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.<ref>The [[Interpretation Act 1978]], section 5 and Schedule 1 (in the heading [http://www.legislation.gov.uk/ukpga/1978/30/schedule/1/crossheading/construction-of-certain-expressions-relating-to-offences "construction of certain expressions relating to offences"]), as amended by section 154 of, and paragraph 169 of Schedule 7 to, the [[Magistrates' Courts Act 1980]].</ref>

Some offences such as [[murder]] 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 [http://www.legislation.gov.uk/ukpga/1998/37/section/51 section 51] 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 procedure|committal proceedings]] for such offences and made other provisions in relation to them.

Similarly in New Zealand, a rape or murder charge will be tried at the [[High Court of New Zealand|High Court]], while less serious offences such as theft, will be tried at the [[District Court of New Zealand|District Court]]. However, the District Court can hold both jury and summary trials.