On indictment

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). In the United States, a crime of similar severity and rules is called a felony, which also requires an indictment.

In relation to England and Wales, the expression indictable offence means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way; and the term indictable, in its application to offences, is to be construed accordingly. In this definition, references to the way or ways in which an offence is triable are to be construed without regard to the effect, if any, of section 22 of the Magistrates' Courts Act 1980 on the mode of trial in a particular case.

An either-way offence allows the defendant to elect between trial by jury on indictment in the Crown Court and summary trial in a magistrates' court. However, the election may be overruled by the magistrates' court if the facts suggest that the sentencing powers of a magistrates' court would be inadequate to reflect the seriousness of the offence.

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