Indictable offence

Crimes that can be prosecuted by the grand jury that indict the accused. At common law, these crimes were known as felonies and were placed in that category on the basis of the punishment associated with them-either death, forfeiture of all one's property, or mutilation. They included murder, treason, robbery, assault, rape, arson, burglary, and larceny. These crimes could also be prosecuted by individuals bringing lawsuits against the defendants. Under the Constitution the federal government must prosecute all "infamous crimes" such as felonies, by indictment. Today states have the choice of prosecuting either by indictment or by information. That choice is regulated by statute or by state constitutional provisions. The method of prosecution often depends upon whether the crime is classified as a felony or a misdemeanor. If a crime is an indictable offense, it gives rise to certain constitutional protections for the accused, such as the right to Miranda warnings before being subject to custodial interrogation. 258 A. 2d 675, 679. Crimes are now usually classified according to punishment (i.e., first degree, second degree, disorderly persons offense, etc.), and do not always fall within the historical definition given above.

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In many common law jurisdictions (e.g. the United Kingdom, Republic of Ireland, Canada, United States, India, Australia, New Zealand), 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). 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 a felony, although it too proceeds after an indictment.

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. When the accused is charged with an indictable only offence he/she is sent to the Crown Court for trial. ^[1]

See also

• Federal crime
• Felony
• Indictment
• Summary offence

References

1. ^ WikiCrimeLine Indictable offence

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