Indictable offence

In Australia, an indictable offence is more serious than a summary offence, and one where the defendant has the right to trial by jury. They include crimes such as murder, rape, and threatening or endangering life. The system is underpinned by various state and territory acts and the Commonwealth Crimes Act 1914.[1][2]

In South Australia, New South Wales, and Queensland, indictable offences are further split into two categories: major indictable offences (including murder, 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 in magistrates 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 a 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.[3]

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.[4]

An either-way offence allows the defendant to elect between trial by jury on indictment in the Crown Court and summary trial in a 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 two years' detention is adequate to punish the offender if found guilty.

Similarly in New Zealand, a rape or murder charge will be tried at the High Court, while less serious offences such as theft will be tried at the District 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 misdemeanours 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 not incorporated against the states, in many states, an indictment is not required for a felony case to proceed.

• Federal crime
• Felony
• Indictment
• Summary offence