There are a lot of often confusing terms in the UK’s legal system. That confusion can be a cause of more than mere frustration if you happen to have a serious interaction with the law, as is likely the case if you find yourself charged with something called an ‘indictable offence’.
To help clear up some of that confusion, this article provides clarification on the term, looking at how it differs from other offences such as ‘summary only’ and ‘either way’ offences in the process.
Indictable offence definition
An indictable offence in the UK is an offence that must be tried in the Crown Court. As a result, they are generally more severe offences, that carry with them serious prison sentences. Indictable offences are of a severity that they cannot be tried by a judge alone – in the interest of justice, a jury must be present as well.
As a result, it’s imperative that you seek legal advice at the soonest opportunity available if you have recently been charged with an indictable offence.
Two criminal courts
There are two main courts where criminal trials occur – the Crown Court and the magistrates’ court. All criminal cases start in a magistrates’ court, and then some cases (normally the more serious, indictable offences) progress to the Crown Court, while others do not.
Under Section 51 of the Crime and Disorder Act 1988, the magistrate will first ask you, the defendant, if you wish to plead guilty in the Crown Court. If you say you wish to plead not guilty, you will have a case management hearing in the Crown Court, which will be how the next steps in the case are decided.
If you say that you do intend to plead guilty, you must then confirm this in the Crown Court, which will also decide on a suitable sentence.
Summary only offences
The other kind of criminal offence is known as a summary only offence. These types of offences are generally less serious in nature and can be tried in a magistrates’ court. Examples of such crimes include criminal damage where the cost of the damage is under £5000, shoplifting and the majority of motoring offences.
Either way offences
There is a third category of offences called either way offences. As the name suggests, these cases can be heard in either the Crown Court or a magistrates’ court, and it is for the magistrate to decide which is appropriate. The main limiting factor in the magistrates’ court is that the magistrate is limited to handing out sentences of up to twelve months imprisonment.
They must therefore decide before the trial begins whether there is a chance that the sentence will need to be in excess of this amount. If it is, or if there are other complex legal factors at play, they will pass the case on to be heard in the Crown Court. In some cases, the decision can be made by the defendant themself, who can liaise with their solicitor to decide which court would be most appropriate.
Minors and indictable offences
In cases where the defendant is a minor, under the age of 18, they are tried summarily in all cases except for violent offences where an adult would have a prison sentence of 10 years or more, firearms offences, homicide, and cases where it is necessary to try them with another individual who is over 17 years of age. There are some exceptions to this somewhat complex rule – for further clarification, it may be useful to contact a solicitor.
Indictable only offences
Below, we list some common offences and whether or not they’re considered indictable only, either way, or summary only offences.
Theft
Theft is an either way offence. Whether or not it is heard in the Crown Court will depend on how much was stolen, and what methods were used to carry out the theft. Less serious cases of theft are often heard in the magistrates’ court.
Murder
Murder, attempted murder and manslaughter are all indictable only offences under common law. This means that while there isn’t a specific statute stating that they are indictable offences, they are indictable nonetheless.
Assault
Assault, like theft, is an either way offence. Again, whether it’s heard in the Crown Court or the magistrates’ court depends on the severity and complexity of the specific case.
Rape
Rape is an indictable only offence that is defined as such in a specific piece of legislation (Section 1 Sexual Offences Act 2003). Other offences that are indictable only as a result of specific legislation rather than common law include infanticide, poisoning, death by dangerous driving, FGM, and possession of a firearm or imitation firearm with intent to cause fear or violence.
Other crimes that can be considered either way or summary can become indictable only in certain circumstances, such as when the defendant has certain prior convictions.
What to do if you’ve been charged with an indictable offence
If you’ve been charged with an indictable only offence, it’s imperative that you seek legal advice at the earliest opportunity available. Your criminal defence solicitor will be able to advise you on what to do next, helping to mitigate any damage moving forward.
If you are required to go through an interview under caution with the police, which is highly likely, they can advise you both before and during the interview, informing you on which questions to answer and which ones to remain silent for.
Your solicitor will then help you to develop your defence, representing you in court or, if necessary, liaising with a barrister to represent you on your behalf. Time is always of the essence in these cases, making it vital that you seek help as soon as possible.
For further assistance, reach out today by calling on 0161 234 0020 (MANCHESTER) / 0203 053 8625 (LONDON) / 07956 555797 (24 HOUR).
