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What is an indictable offence?

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If you are due to appear at court for a criminal offence, the process that will be followed and the type of court you appear at will depend on whether the offence is considered ‘indictable only’, ‘summary only’, or ‘either way’.

An indictable offence is one that can be tried in the Crown Court. In the UK, the Crown Court deals with the most serious criminal offences.

Both ‘indictable only’ offences and ‘either way’ offences can be heard in the Crown Court; however, ‘either way’ offences can also be heard in the Magistrates’ Court.

While ‘indictable only’ offences are heard in the Crown Court, the initial court appearance takes place in the Magistrates’ Court. This is mainly a formality, as the case will be sent directly to the Crown Court.

While we hope this information is useful, please note that it should not be taken as legal advice. If you need legal support with indictable offences, then please get in touch and our team can advise you.

What does the Crown Court process involve?

When an indictable offence is sent to the Crown Court, the process usually begins with a plea hearing. At this stage, you will be required to enter a plea of guilty or not guilty.

If you plead not guilty, the case will be listed for trial. The court will set dates, give directions for the service of evidence and deal with any necessary legal issues before the trial begins.

At trial, you will be represented by a criminal defence solicitor or barrister, while the prosecution is represented by an advocate. A jury of 12 people hears the evidence.

After both sides have presented their case, the judge summarises the evidence and explains the relevant law. The jury then decides whether you are guilty or not guilty.

How do indictable offences differ from summary offences?

‘Summary only’ offences are less serious and are therefore heard only in the Magistrates’ Court.

Typically ‘either way’ offences range in seriousness, and therefore they can be heard in either the Magistrates’ Court or the Crown Court depending on the facts of the case.

How does a person get charged with an indictable offence?

Whilst the police have some powers to charge people with criminal offences, The Crown Prosecution Service (CPS) will typically make charging decisions for indictable offences given their seriousness.

What offences are indictable?

Every criminal offence is strictly categorised as ‘summary only’, ‘either way’, or ‘indictable only’. If an offence is ‘either way’ or ‘indictable only’, it can be heard in the Crown Court, and is therefore an indictable offence. Common indictable offences include:

Is assault an indictable offence?

Common assault and battery are ‘summary only’ offences and thus can only be heard in the Magistrates’ Court. As such, these are not indictable offences.

However, where the assault is more serious and amounts to ABH or GBH, it will then constitute an OFFENCE TRIABLE INDICTMENT

Further, if an assault is racially or religiously aggravated, or if it is committed against an emergency worker, it will also be indictable, even if it only amounts to common assault or battery.

Credit for a guilty plea

In short, where a guilty plea is indicated at the first stage of proceedings, you could receive a reduction from 1/3 for an indictable offence.

You cannot enter a plea before the Magistrates’ Court for an indictable only offence. However, the Magistrates’ Court will ask you to indicate a plea at their first appearance. The indication must be unequivocal, meaning it must be clear and leave no doubt. Where a guilty plea is indicated at the Magistrates’ Court and made at the first Crown Court hearing, a reduction of one-third should be made.

If no indication of a guilty plea is made at the Magistrates’ Court, but a defendant later pleads guilty at the first Crown Court hearing, there will usually be a reduction in sentence of one-quarter.

More information regarding the potential outcomes for indicating a guilty plea can be found here.

Are you being accused of an indictable offence?

If you are facing an accusation of an indictable offence, or if you are due to appear at Court for such an offence, we understand how distressing a situation this is likely to be. The potential sentences for indictable only offences are extremely serious, so it is imperative that you have the strongest possible defence.

Our specialist criminal defence solicitors have over 45 years of experience in handling the most complex and serious cases. This means that we are in the strongest possible position to help you achieve the best possible outcome for your case, which may mean having charges dropped or having a sentence lowered if conviction is unavoidable.

We are highly skilled at handling and presenting the typical types of evidence that will be relied on in cases related to an indictable offence, such as forensic evidence, digital evidence and witness testimony. We can piece together a compelling case, identifying any flaws in the case against you and ensuring that any evidence that supports your position is clearly identified.

We have been accredited by the Law Society for Criminal Litigation. This, coupled with our extensive experience, means that we can demonstrate a strong track record of previous success, which has also allowed us to establish strong relationships with many of the country’s leading criminal defence barristers.

If you are facing a charge for an indictable offence, we are here to provide you with the support you need.

Fees and funding

When you work with our team, we will always be open and transparent about the likely fees that will be related to your case.

If you need to attend court for an indictable offence, Legal Aid may become available. Whether you can access legal aid will depend on whether the grant of public funding is justified.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.          

To find out more about the way we handle fees (both Legal Aid and private fees) for indictable offences, please use the links provided below:

Contact our criminal defence lawyers today

If you are due to attend the Crown Court, require any urgent specialist advice, or immediate representation for an indictable offence, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation for indictable offences

Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice for indictable offences.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.