Indictable offence
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.
Australia[edit]
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.[1][2]
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.[1][2] In South Australia, minor indictable offences are generally heard in magistrates courts, although the defendant may elect to be heard in the District Court.[2]
Canada[edit]
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.[3]
New Zealand[edit]
Similarly in New Zealand, a rape or murder charge will be tried at the High Court, while less serious offences such as theft will be tried at the District Court. However, the District Court can hold both jury and summary trials.
United States[edit]
In the United States, federal felonies always require an indictment from a grand jury before proceeding to trial. In contrast, while misdemeanours may proceed to trial on indictment; this is not required, as they may also proceed on information or complaint.[5] Different states have different policies; since the requirement of an indictment by grand jury is not incorporated against the states, in many states, an indictment is not required for a felony case to proceed. However, some states do still use grand jury indictments for felony-level offenses and may use other terminology. For instance, in New Jersey, whose constitution requires all "crimes" to be charged by indictment but allows lesser "offenses" not to be, felony-level offenses are commonly called "indictable offenses", including in the New Jersey Penal Code, to avoid confusion between the narrow technical definition of the word "crime" from the state's constitutional jurisprudence and the broader sense.