Indictable Offences

Are you concerned about whether an offence that you have been charged with is indictable? Then working with an expert legal advisor can help you cut through the confusion. Our expert team will be able to help you establish whether an offence is indictable or not and whether your case is likely to be heard in the Magistrates or Crown Court.

If you need help with representation or advice on whether an offence is indictable, contact our dedicated and tireless criminal law experts today.

What is an indictable offence?

Indictable offences are more serious than other types. They require trial directly in the Crown Court, and if convicted result in longer prison sentences.

In the UK two types of courts hear cases – the Magistrates Court and the Crown Court. In most instances, more serious cases are passed on to the Crown Court by the Magistrates Court. This is because the Magistrates Court can only impose sentences of bans, fines, community sentences, and up to twelve months for every offence of which a person is convicted.

The Crown Court on the other hand has the authority to hand out much stricter punishments and longer sentences. However, in the instance of an indictable offence, the case will go directly to the Crown Court.

What Is An Indictable Only Offence?

Unfortunately, there can be a significant amount of confusion when it comes to understanding whether the offence you have been charged with is indictable. This is because there are three classifications of offences involved:

Summary Only Offence

An offence that is Summary-only will be tried in the Magistrates Court.

Examples Of Summary-Only Offences Include:

Driving without insurance & most motoring offences,
Criminal damage (under £5000)
Common assault
Shoplifting

Either Way Offences

Either way, offences can be heard at either the Crown Court or the Magistrates Court. It is usually up to the Magistrate to determine whether to keep the case or hand it off to the Crown Court. This decision will be based on factors such as the complexity of the case, as well as whether they have sufficient sentencing powers for the offences involved.

Examples Of Either-Way Offences Include:

Possession of a knife in a public place,
Threats to kill, breach of a restraining order
Burglary

Whether each case is tried in the magistrate’s court or the crown court will depend on the specific facts and severity of the actions involved.

Indictable – Only Offences

Some offences are indictable only. This means they can only be tried at the Crown Court and do not go through the magistrate court step of proceedings.

One way of determining whether an offence is indictable-only it is necessary to refer to the statute of the law that covers it. A statute refers to when there is a clear law or act that prohibits the offence. In indicable only cases that are covered by a statute, the statute will state whether they are indictable.

However, not all offences are covered by statutes. Some are what is known as common law offences, which means they have been established as an offence via the judgement of the courts over time. This means there is no law, act, or statute to which to refer. Yet, some common law offences can still be indictable including manslaughter, and murder, which can be confusing.

Fortunately, if you are struggling to understand whether the offence of which you have been charged is indictable-only or not, working with our expert and experienced legal team can help.

Indictable Offence Examples

There is a wide range of indictable offences as you can see from the following list:

Common Law Indictable Offences:

Manslaughter
Perverting the Course of Justice
Murder and Attempted Murder

Offences Covered By Statute That Are Indictable:

Rape under Section1 Sexual Offences Act 2003
Female Genital Mutilation under the Female Genital Mutilation Act 2003
Infanticide under Section 1 Infanticide Act 1938
Death by dangerous driving under Section 1 Road Traffic Act 1988
Possession of a firearm or imitation firearm with intent to cause fear or violence under Section 16A Firearms Act 1968
Poisoning under Section 11 Offences Against the Person Act 1861

Work With An Experienced Lawyer From JD Solicitors To Resolve Your Indictable Offences Queries

Our extensive knowledge of criminal law means we can provide immediate and accurate advice concerning the charges against you. Speak to our dedicated and relentless criminal law experts 365/24/7 at the numbers below:

Birmingham: 0121 674 4100

Willenhall: 01902 632 123

Emergency line: 07971 194 042