Indictable offence

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Criminal law in English law
Part of the common law series
Classes of crimes
Summary · Indictable
Hybrid offence · Regulatory offences
Lesser included offence
Elements of crimes
Actus reus · Causation (law)>Causation
Mens rea · Intention (criminal)>Intention (general)
Intention in English law · Recklessness (criminal)>Recklessness
Criminal negligence · Corporate liability
Vicarious liability · Strict liability
Omission · Concurrence
Ignorantia juris non excusat
Inchoate offences
Incitement · Conspiracy (crime)>Conspiracy
Accessory · Attempt
Common purpose
Defences
Consent · Diminished responsibility
Duress
M'Naghten Rules · Necessity in English law>Necessity
Provocation
Self-defence
Crimes against the person
Common assault · Battery (crime)>Battery
Actual bodily harm · Grievous bodily harm
Offences Against The Person Act 1861
Murder · Manslaughter
Corporate manslaughter · Harassment
Public order and crimes against property
Criminal Damage Act 1971
Malicious Damage Act 1861
Public nuisance
Crimes of dishonesty
Theft Act 1968 · Theft · Dishonesty
Robbery · Burglary · TWOC
Deception · Deception offences
Blackmail · Handling
Theft Act 1978 · Forgery
Computer crime
Sexual crimes
Rape · Kidnapping
Crimes against justice
Bribery · Perjury
Obstruction of justice
See also Criminal Procedure

Other areas of the common law
Contract law · Tort law · Property law
Wills and trusts · Evidence
Portals: ·

In many common law jurisdictions (e.g. the United Kingdom, Canada, United States, Australia), 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 trials for indictable offences, the accused normally has the right to a jury trial, unless he or she waives that right. In the United States, a crime of similar severity is usually referred to as a felony although it too proceeds after an indictment.


Criminal law in English law
Part of the common law series
Classes of crimes
Summary · Indictable
Hybrid offence · Regulatory offences
Lesser included offence
Elements of crimes
Actus reus · Causation (law)>Causation
Mens rea · Intention (criminal)>Intention (general)
Intention in English law · Recklessness (criminal)>Recklessness
Criminal negligence · Corporate liability
Vicarious liability · Strict liability
Omission · Concurrence
Ignorantia juris non excusat
Inchoate offences
Incitement · Conspiracy (crime)>Conspiracy
Accessory · Attempt
Common purpose
Defences
Consent · Diminished responsibility
Duress
M'Naghten Rules · Necessity in English law>Necessity
Provocation
Self-defence
Crimes against the person
Common assault · Battery (crime)>Battery
Actual bodily harm · Grievous bodily harm
Offences Against The Person Act 1861
Murder · Manslaughter
Corporate manslaughter · Harassment
Public order and crimes against property
Criminal Damage Act 1971
Malicious Damage Act 1861
Public nuisance
Crimes of dishonesty
Theft Act 1968 · Theft · Dishonesty
Robbery · Burglary · TWOC
Deception · Deception offences
Blackmail · Handling
Theft Act 1978 · Forgery
Computer crime
Sexual crimes
Rape · Kidnapping
Crimes against justice
Bribery · Perjury
Obstruction of justice
See also Criminal Procedure

*Other areas of the common law*
Contract law · Tort law · Property law
Wills and trusts · Evidence
Portals: ·

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. 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.