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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).
The Melbourne Magistrates' Court.In Victoria, Australia, all summary offences are heard in the Magistrates' Court. A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, [1] [2] [3] without the right to a jury trial and/or indictment (required for an indictable offence).
Both assault with intent to resist arrest/lawful apprehension and escaping from lawful custody are indictable, the former being so by the mode of trial of the offence, the latter is a common law offence and therefore indictable only. Therefore, these offences—whether fully carried out or merely attempted—are citizen's arrestable in themselves.
An indictment (/ ɪ n ˈ d aɪ t m ən t / [1] 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, an offence that requires an indictment.
All non-summary offences are indictable: the available penalties are greater for indictable offences than for summary offences. These in turn may be divided into three categories: 1. Very serious indictable-only offences including treason and murder (section 235) [2] that are listed in section 469 of the Criminal Code. [2]
Assault is a summary offence in England and Wales, with the case heard only at a magistrates' court. [8] [9] Although R v Little considered assault a statutory offence, none of the statutes referred to contain any definition of assault. [6]
Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes). [1] For most indictable offences, a person has the right to trial by jury. A hybrid offence is the most common type of charge in Canada. There are three types of charges and each will affect when one can apply for a Record Suspension.
The Summary Jurisdiction Act 1884 swept away special forms of procedure contained in a large number of statutes, and substituted the procedure of the Summary Jurisdiction Acts. The Summary Jurisdiction Act 1899 added the obtaining of property by false pretences to the list of indictable offences that could sub modo be summarily dealt with. The ...