An indictment is the formal document setting out the charges a defendant faces in the Crown Court. An offence “triable on indictment” is therefore one that can be put before a Crown Court jury.
Schedule 1 to the Interpretation Act 1978 defines an indictable offence as one which, if committed by an adult, is triable on indictment “whether it is exclusively so triable or triable either way”. So the strict statutory meaning is broader than most people assume:
This is why you may see a solicitor describe theft as an “indictable offence” in one context and an “either way offence” in another. Both are correct.
| Summary only | Either way | Indictable only | |
|---|---|---|---|
| Where tried | Magistrates’ court only | Magistrates’ or Crown Court | Crown Court only |
| Who decides guilt | Magistrates or a district judge | Magistrates or a jury | Jury |
| Maximum custody | 6 months (where imprisonment is available) | 12 months in the magistrates’ court; statutory maximum in the Crown Court | Statutory maximum, up to life |
| Time limit to charge | Generally 6 months from the offence | None | None |
| Examples | Common assault, drink driving, most speeding offences, s.5 public order | Theft, ABH, burglary of a dwelling, fraud by false representation, possession with intent to supply, money laundering | Murder, manslaughter, rape, robbery, s.18 GBH with intent, kidnapping, conspiracy offences |
The absence of a time limit is one of the most practically important differences. A summary only charge must generally be laid within six months under section 127 of the Magistrates’ Courts Act 1980. There is no equivalent statutory long-stop for indictable offences, which is why historic allegations particularly sexual offences and fraud can be prosecuted many years later.
Offences that are indictable-only include:
Offences that are indictable in the wider sense (i.e. either way) include theft, handling stolen goods, actual bodily harm, possession with intent to supply, money laundering, computer misuse offences and most indecent image offences.
Every criminal case in England and Wales begins in the magistrates’ court, even a murder. The magistrates simply have no power to try an indictable-only offence.
A defence application to dismiss can be made in writing after the prosecution evidence is served and before arraignment, arguing the evidence is not capable of properly convicting you. This is a powerful and under-used tool, and it is time limited another reason to instruct a criminal defence solicitor early.
The Crown Court can sentence up to the statutory maximum for the offence. Murder carries a mandatory life sentence; a number of other indictable-only offences carry discretionary life.
Two 2026 developments are worth knowing:
Where an either-way case is tried summarily but turns out to be too serious, the magistrates can convict and then commit the case to the Crown Court for sentence.
For an either way offence, the magistrates first decide whether their sentencing powers are sufficient (the “allocation” decision, applying the Sentencing Council’s Allocation guideline). If they decline jurisdiction, the case is sent to the Crown Court. If they accept it, the defendant currently has the right to elect Crown Court trial anyway.
That election is genuinely strategic. Crown Court juries acquit more often on some case types, and the disclosure regime is more rigorous but the sentencing exposure is higher and the wait is longer. This is a decision to take with a solicitor, not alone at the court door.
The Courts and Tribunals Bill, introduced on 25 February 2026 following Sir Brian Leveson’s Independent Review of the Criminal Courts, proposes the most significant change to trial venue in decades. It would remove a defendant’s right to elect jury trial for either-way offences and introduce judge only Crown Court trials where the likely sentence is three years or less, alongside judge only trials in long and technical fraud cases.
As at August 2026, the Bill has not become law and is still before Parliament, having attracted substantial opposition from the Law Society, the Criminal Bar Association and the Justice Select Committee. Importantly, the proposals do not remove jury trial for indictable only offences the most serious crimes would continue to be tried by a jury.
The single most useful thing you can do when facing an indictable charge is to get specialist advice before the first hearing ideally at the police station, where the strongest opportunities to influence the outcome usually arise. Many of the cases our team resolves never reach a jury at all, because representations to the CPS lead to a discontinuance or a reduction in charge.
Stuart Miller Solicitors has defended criminal cases since 1984, with offices in London, Birmingham and Bradford and a team specialising in serious and complex crime, fraud, drug offences and confiscation proceedings.
No. “Felony” is not a term used in modern English law; the distinction between felonies and misdemeanours was abolished by the Criminal Law Act 1967. Indictable offences are the closest functional equivalent, and the term is often used loosely in that way by US based sources.
Indictable only offences must. Either way offences which are also technically indictable may be dealt with in the magistrates’ court if the magistrates accept jurisdiction and the defendant consents to summary trial.
Yes. There is still a presumption in favour of bail under the Bail Act 1976, though it is restricted for certain serious offences and where a defendant is alleged to have offended while already on bail. Conditions such as residence, curfew, sureties and passport surrender are common in serious cases.
No. Unlike summary only offences, indictable offences have no general statutory time limit, which is why historic allegations can be charged decades later.
No. Sentence depends on the offence, the applicable Sentencing Council guideline, your role, your record and mitigation. Since March 2026 there is also a statutory presumption that sentences of 12 months or less will be suspended. That said, most indictable only offences carry a realistic custodial risk, which is precisely why early specialist representation matters.
A conviction for an indictable offence will appear on a standard or enhanced DBS check and, for sentences over four years, is never spent under the Rehabilitation of Offenders Act 1974.
Rarely. Section 44 of the Criminal Justice Act 2003 allows a judge only trial where there is a real and present danger of jury tampering. Such orders are exceptional.
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