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What is an indictable offence in UK?

what is an indictable offence

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:

  • Indictable-only offences — must be tried in the Crown Court.
  • Either-way offences — also count as indictable offences in law, because they can be tried on indictment.
  • Summary-only offences — never indictable; they stay in the magistrates’ court.

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.

The Three Categories of Criminal Offence in England and Wales

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.

Examples of Indictable Criminal Offences

Offences that are indictable-only include:

  • Murder and manslaughter
  • Rape and assault by penetration
  • Robbery and aggravated burglary
  • Wounding or causing grievous bodily harm with intent (s.18, Offences Against the Person Act 1861)
  • Kidnapping and false imprisonment
  • Blackmail
  • Causing death by dangerous driving
  • Perverting the course of justice
  • Statutory and common law conspiracies including conspiracy to supply Class A drugs and conspiracy to defraud

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.

How an Indictable-Only Case Moves Through the Courts

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.

  1. Charge and first appearance. You appear before the magistrates, usually within a day or two of charge. No plea is taken for an indictable-only offence.
  2. Sending to the Crown Court. The magistrates must send the case to the Crown Court under section 51 of the Crime and Disorder Act 1998. They deal only with bail and legal aid.
  3. Plea and Trial Preparation Hearing (PTPH). Usually listed around 28 days after sending. You enter your plea and the judge sets the trial timetable.
  4. Service of the prosecution case. Under the Criminal Procedure Rules, the prosecution must serve its evidence within 50 days of sending if you are in custody, or 70 days if you are on bail.
  5. Trial. Heard by a judge and a jury of 12. The jury decides the facts; the judge rules on law and passes sentence.

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.

Sentencing for Indictable Offences in 2026

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:

  • The Sentencing Act 2026 received Royal Assent on 22 January 2026, with key provisions in force from 22 March 2026. It creates a presumption that custodial sentences of 12 months or less will be suspended unless there are exceptional circumstances, and raises the maximum sentence capable of being suspended from two years to three.
  • Magistrates’ sentencing powers currently sit at 6 months for a summary offence and 12 months for a single either-way offence (for convictions on or after 18 November 2024). Consecutive sentences in the magistrates’ court remain capped at the same overall limit.

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.

Either Way Offences and the Allocation Decision

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.

Reform on the Horizon: The Courts and Tribunals Bill

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.

Charged With an Indictable Offence? Get Advice Early

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.

Frequently Asked Questions

Is an indictable offence the same as a felony?

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.

Do all indictable offences go to the Crown Court?

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.

Can you get bail for an indictable offence?

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.

Is there a time limit for prosecuting an indictable offence?

No. Unlike summary only offences, indictable offences have no general statutory time limit, which is why historic allegations can be charged decades later.

Will an indictable offence always mean prison?

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.

Does an indictable offence stay on your record?

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.

Can a jury be dispensed with in a Crown Court trial?

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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