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Concept
Indictable offence
Summary
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), 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 contrast to a summary offence). A similar concept in the United States is known as a felony, which for federal crimes, also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury.
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.
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. In South Australia, minor indictable offences are generally heard in magistrates courts, although the defendant may elect to be heard in the District Court.
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.
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.
Official source
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Related concepts (16)
Jury trial
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, India, Pakistan and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias.
Scotland
Scotland (Scotland; Alba ˈal̪ɣapə) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, Scotland is the second-largest country in the United Kingdom, and accounted for 8% of the population in 2019. Scotland's only land border is a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south.
Sheriff court
A sheriff court (Cùirt an t-Siorraim) is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to , and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary. Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery, drug trafficking, and sexual offences involving children, the vast majority of these cases are heard by the High Court.