Indictable offence in the context of "Prima facie"

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⭐ Core Definition: 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.

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Indictable offence in the context of Arrest

An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest.

Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID.

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Indictable offence in the context of Petty crime

A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence).

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Indictable offence in the context of Magistrates' Court of Victoria

The Magistrates' Court of Victoria is the lowest court in the Australian state of Victoria.

The court possesses original jurisdiction over summary offences and indictable offences heard summarily, as well as civil claims up to $100,000. It is also able to hear various pre-trial criminal procedures, including bail applications and committal hearings.

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Indictable offence in the context of Crown Court

The Crown Court is the criminal court of first instance in England and Wales responsible for hearing all indictable offences, some either way offences and appeals of the decisions of magistrates' courts. It is one of three Senior Courts of England and Wales.

The Crown Court sits in around 92 locations in England and Wales, divided into Circuits. When sitting in the City of London, it is known as the Central Criminal Court or "Old Bailey".

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Indictable offence in the context of Indictment

An indictment (/ɪnˈdtmənt/ in-DYTE-mənt) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an indictable offence, which is an offence that requires an indictment.

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Indictable offence in the context of Sheriff court

A sheriff court (Scottish Gaelic: Cùirt an t-Siorraim) is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to £100,000, and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary. Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery, drug trafficking, and sexual offences involving children, the vast majority of these cases are heard by the High Court. Each court serves a sheriff court district within one of the six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland.

Sheriff courts hear civil cases as a bench trial without a jury, and make determinations and judgments alone. However, the specialist all-Scotland Sheriff Personal Injury Court (based in Edinburgh) has the ability to hear cases with a jury of twelve. Sheriff courts hear criminal trials on complaint as a bench trial for summary offences, and as a trial with a jury of fifteen for indictable offences. Where a person is convicted following a case heard on complaint they can be sentenced to a maximum of twelve months imprisonment and/or a £10,000 fine, and in solemn cases, 5 years imprisonment or an unlimited fine.

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Indictable offence in the context of Felony

A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments, including capital punishment, could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.

In many common-law jurisdictions, such as England and Wales, Ireland, Canada, Australia, and New Zealand, crimes are no longer classified as felonies or misdemeanors. Instead, crimes are classified by mode of trial as indictable offences, triable by jury, which are usually more serious, and summary offences, triable by summary procedure without a jury, which are usually less serious.

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