What is an indictable offence?

Overview

Indictable offences are more serious criminal offences. Indictable offences are more serious criminal charges than summary offences and the penalties are often a lot greater.

Like summary offences, indictable offences start in a lower court and then they are usually committed up to a higher court for either a trial or sentence. If an accused person pleads not guilty, their case will be heard in a higher court by a Judge and jury. If the accused person pleads guilty, their case will be heard in the higher court by a Judge.

In some cases which involve a less serious indictable offence, it is possible for a Magistrate in a lower court to hear and decide a case again an accused person, just like they would if it was a summary offence. This can occur where both the accused person and the prosecution consent and where the court believes it is appropriate of the offences to be dealt with by a Magistrate.