What makes an Offence indictable?

As a legal expert with extensive knowledge in criminal law, I can provide an in-depth explanation of what constitutes an indictable offence and the factors that differentiate it from other types of offences within the criminal justice system. It's important to note that the specifics can vary by jurisdiction, but I will provide a general overview that is applicable in many legal systems, particularly those derived from common law traditions. An indictable offence is a serious criminal charge that typically carries a higher penalty than a summary offence. The term "indictable" originates from the historical practice where an indictment, a formal written accusation, was presented to a grand jury to determine whether there was enough evidence to proceed to trial. Here are some key characteristics and considerations regarding indictable offences: 1. Severity of the Offence: Indictable offences are generally more severe and carry more severe penalties, often including longer prison sentences or more serious fines. 2. Right to Trial by Jury: As you mentioned, one of the hallmarks of an indictable offence is the defendant's right to a trial by jury. This is a fundamental aspect of the right to a fair trial and is often seen as a safeguard for more serious charges. 3. Presumption of Innocence: Like all criminal charges, the accused in an indictable offence is presumed innocent until proven guilty. The prosecution bears the burden of proving the guilt of the accused beyond a reasonable doubt. 4. Types of Offences: Major indictable offences often include serious crimes such as murder, rape, robbery, drug trafficking, and serious fraud. These are considered major because of the significant harm they pose to society and the individual. 5. Jurisdiction of the Courts: In many jurisdictions, indictable offences are tried in higher courts, such as the Supreme Court, as opposed to lower courts or magistrates' courts that handle summary offences. 6. Plea Bargaining: In some legal systems, there is a process known as plea bargaining where the accused may agree to plead guilty to a lesser offence in exchange for a lighter sentence or to avoid a trial. This is more common in summary offences but can also occur with indictable offences. 7. Bail and Pre-Trial Conditions: Individuals charged with indictable offences may face more stringent bail conditions or even be denied bail, reflecting the seriousness of the charges and the potential risk to public safety. 8. Double Jeopardy: Once an indictable offence has been tried and a verdict has been reached, the accused cannot be tried again for the same offence, a principle known as double jeopardy. 9. Sentencing: Sentencing for indictable offences is typically more severe and may include a range of penalties from fines to imprisonment, community service, and other corrective measures. 10. Appeals Process: There is often a more formal and structured appeals process for indictable offences, allowing for the possibility of a higher court to review the case if there are concerns about the legality of the proceedings or the fairness of the sentence. It's important to remember that the specifics of what constitutes an indictable offence can vary widely from one jurisdiction to another. For instance, in some places, there may be a hybrid category known as hybrid offences, which can be treated as either summary or indictable offences, depending on the prosecutor's discretion or the severity of the circumstances. In conclusion, indictable offences are a critical aspect of the criminal law, representing the most serious crimes with correspondingly serious consequences. The right to trial by jury and the higher stakes involved underscore the importance of robust legal representation and adherence to due process for those accused of such offences.

An indictable offence is an offence where the defendant has the right to trial by jury. ... Major indictable offences include offences such as murder, rape, and threatening or endangering life. The Supreme Court must hear a charge of murder or treason and also hears other serious major indictable offences.Feb 28, 2018