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Indictable Only meaning

/ɪnˈdʌɪtəb(ə)l/ /ˈəʊnli/
What does Indictable Only mean?
In practice, “indictable only” describes an offence that cannot be tried in a magistrates’/District Court and must proceed to a higher court for jury trial on indictment. England and Wales: indictable-only offences are tried in the Crown Court. On first appearance, the magistrates’ court has no power to try or allocate the case and must send it to the Crown Court under section 51 of the Crime and Disorder Act 1998 (the plea is entered in the Crown Court). This label is used in legislation and practice to denote the most serious crimes. Northern Ireland: such offences are triable only in the Crown Court. The accused is returned or directly committed from the Magistrates’ Court; there is no summary jurisdiction. Scotland: the term is not generally used. The closest analogue is prosecution on indictment under solemn procedure in the Sheriff Court or High Court of Justiciary; certain serious offences cannot proceed summarily. Ireland: indictable offences are tried in the Circuit Criminal Court or Central Criminal Court. Non‑minor offences (and specified offences) are triable only on indictment, with the District Court returning the accused for trial on the DPP’s direction. The concept signals mandatory Crown Court/solemn trial and bypasses summary allocation.
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View the related Practice Notes about Indictable Only

PRACTICE NOTES
Perjury in England and Wales: Elements, Corroboration and Proof, Sentencing, False Statements and Statutory Declarations, and the Relationship with Perverting the Course of Justice

in judicial proceedings Perjury is an indictable-only offence, attracting a maximum of seven years’ imprisonment and/or a fine. The constituent parts of this offence are set out as follows: being a witness or an interpreter who has been duly sworn in judicial proceedings wilfully making a material statement that is false, and knowing it is untrue or not believing it to be true Assisting, encouraging or procuring perjury contrary to section 1 of the Act 1911 (PeA 1911) is likewise an indictable offence and also carries the same ceiling penalty. Where the principal wrongdoing amounts to a lesser offence triable either way, the maximum sentence available on indictment is two years’ custody and/or a fine; if dealt with summarily, the court may impose an unlimited fine and/or a custodial term not exceeding the general limit in a magistrates’ court (or both). See Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following...

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PRACTICE NOTES
Causing Death by Dangerous Driving: Offence Elements, Causation, Vehicle Condition, Alcohol Evidence, Alternative Verdicts, Defences, Sentencing

The elements of the offence of dangerous driving Dangerous driving arises under section 1 of the Road Traffic Act 1988 (RTA 1988). It is an indictable-only offence, triable solely in the Crown Court. The offence comprises the following: causing the death of another person by: driving a mechanically propelled vehicle on a road or other public place dangerously The issue is whether the defendant’s driving fell far below the standard expected of a competent and careful driver, and whether it would be obvious to such a driver that driving in that manner was dangerous. This is an objective assessment. It must be obvious to the competent and careful driver that it is dangerous to either: drive in that manner, or use the vehicle in its existing condition This is a strict liability offence. No mental element is required. Even without an intention to drive dangerously, if the defendant...

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PRACTICE NOTES
Commencing criminal proceedings by summons: application, drafting, time limits, issuing criteria, service and amendment, including private prosecutions (England and Wales), under the Criminal Procedure Rules 2025

All criminal cases begin in the magistrates' court however serious the offence. Every criminal matter starts in the magistrates' court, however grave the offence...

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