There are many different types of criminal offences. Some of these carry a range of penalties, from a warning to imprisonment. An indictable offence is a serious crime that can only be tried in the Crown Court and could lead to life imprisonment.

In this blog post, we’ll look at what counts as an indictable offence in the UK, how it’s different from other criminal offences, and the potential repercussions for those found guilty of one. Read on to learn more about what can constitute an indictable offence and how you should proceed if you’re charged with one.

What Is An Indictable Offence In The UK?

An indictable offence is a criminal offence which can be tried by a jury at a Crown Court. These offences are typically more serious than summary offences, which can only be tried by a magistrate at a Magistrates’ Court.

Indictable offences include, but are not limited to: murder, manslaughter, rape, robbery, serious assault, burglary, theft, fraud and some drug offences. If an offender is found guilty of an indictable offence, they may be sentenced to imprisonment, a fine or both.

How Do You Know If An Offence Is Indictable Only?

If you are unsure whether an offence is indictable only, you can check the legislation or ask a legal professional. Generally, offences that are punishable by life imprisonment or imprisonment for a term of 14 years or more are indictable only. Other examples of indictable only offences include terrorism, rape and murder.

Indictable Offences Examples

Indictable offences are the more serious criminal offences in the UK, and are usually tried in the Crown Court. Some examples of indictable offences include:

-Murder

-Manslaughter

-Rape

-Serious sexual assault

-Robbery

-Burglary

-Arson

-Possession of a weapon

Is Theft An Indictable Offence?

Theft is an indictable offence. This means that it can be tried in a magistrates’ court or in the Crown Court. The maximum sentence that can be imposed by a magistrates’ court is six months’ imprisonment, a fine of £5,000, or both. The maximum sentence that can be imposed by the Crown Court is seven years’ imprisonment, an unlimited fine, or both.

Is Assault An Indictable Offence?

Assault is an offence under the common law of England and Wales. It is defined as an unlawful attack on the person of another with intent to do him grievous bodily harm.

Grievous bodily harm is defined as any really serious injury, such as one that involves a risk of death or leaves permanent disfigurement or disability.

An indictable offence is one that can be tried by a jury in a Crown Court, as opposed to a magistrates’ court. The decision as to whether an offence is indictable or not rests with the prosecutor, who will take into account factors such as the seriousness of the offence and the evidence available.

What are summary offences under UK law?

Summary offences are typically less serious crimes that can be tried in a magistrate’s court. These offences usually carry lighter penalties than more serious indictable offences, which are typically tried in the Crown Court. Some examples of summary offences include public disorder, petty theft, and minor assault.

What Is The Difference Between Summary Only, Indictable Only, And ‘Either Way’ Offences?

An indictable offence is one that can be tried by a jury in the Crown Court. Summary offences are less serious offences that are tried in the magistrates’ court. Either way offences can be tried either in the magistrates’ court or the Crown Court.

The main difference between summary and indictable offences is the maximum sentence that can be imposed. For summary offences, the maximum sentence is usually six months in prison or a fine of £5,000 (or both). For indictable offences, the maximum sentence depends on the specific offence but can be much higher, up to life imprisonment.

Another difference between summary and indictable offences is that summary offences are usually dealt with by a magistrate, while indictable offences must be heard by a judge and jury in the Crown Court. Summary offences can also be dealt with ‘on paper’ without going to court if the offender pleads guilty.

Either way offences can be tried either in the magistrates’ court or the Crown Court, depending on what the prosecution decides. The decision will usually depend on factors such as the seriousness of the offence and whether it is likely to result in a prison sentence if convicted.

Examples of summary offences

There are many different types of summary offences in the UK. The most common include:

• Assault
• Battery
• Burglary
• Criminal damage
• Disorderly conduct
• Drug possession
• Driving under the influence (DUI)
• Public intoxication
• Theft

What are either way criminal offences under UK law?

An either way offence is a criminal offence that can be tried in either the magistrates’ court or the Crown Court. The decision of which court to try the case in lies with the prosecution. For example, theft is an either way offence. If the value of the property stolen is less than £5,000, then the case will be tried in the magistrates’ court. If the value of the property stolen is more than £5,000, then the case will be tried in the Crown Court.

Examples of either way offences

There are many offences which can be tried either way, meaning that the Crown Prosecution Service (CPS) can choose to prosecute the case in either the magistrates’ court or the Crown Court. The decision will be based on a number of factors, including the severity of the offence and the likely sentence.

Some examples of either way offences include:

– Assault causing actual bodily harm

– Burglary

– Possession of a class A drug with intent to supply

– Dangerous driving

– Fraud

What are indictable only criminal offences?

An indictable only offence is a criminal offence that can only be tried in the Crown Court. These offences are typically more serious than summary offences, which can be tried in either the Magistrates’ Court or the Crown Court.

Indictable only offences include murder, manslaughter, rape, grievous bodily harm (GBH), robbery, burglary, theft, fraud and money laundering. These offences usually carry heavier penalties than summary offences, including imprisonment for life in some cases.

If you are accused of an indictable only offence, you will have to attend a magistrates’ court for a ‘first appearance’. The magistrates will then decide whether to send your case to the Crown Court or not. If they decide to do so, you will be given a date for your first appearance at the Crown Court.

At your first appearance at the Crown Court, the judge will decide whether there is enough evidence for your case to go to trial. If there is enough evidence, your case will be sent to trial. If not, your case will be dismissed and you will be free to go.

Examples of Indictable Offences

There are three main types of indictable offence in the UK: summary offences, triable-either-way offences and either-way offences.

Summary offences are the least serious type of indictable offence and are typically dealt with by magistrates’ courts. Triable-either-way offences can be tried in either the magistrates’ court or the Crown Court, depending on the circumstances. Either-way offences can only be tried in the Crown Court.

The most serious indictable offences, such as murder, rape and terrorism, are classified as either way offences and must be tried in the Crown Court.

What is contempt of court?

Contempt of court is defined as an act or omission which tends to bring the authority or administration of law into disrepute, or prejudice a fair trial. In the UK, contempt of court can be committed in two ways:

1) by publication; or

2) by interference with the due administration of justice.

The first category covers anything published which creates a real risk that the course of justice in active legal proceedings will be seriously prejudiced. This includes publications which identify witnesses or jurors, or which contain information that could be used to influence them. It also includes any material which could jeopardize ongoing police investigations.

The second category covers anything done which interferes with the due administration of justice. This might include making false statements to a court, interfering with a witness, or breaching an order made by a court.

Contempt of court is a serious offence and can lead to a prison sentence. In some cases, it may also be possible for the courts to impose an unlimited fine.

26 December 2022