What Are Indictable Criminal Offences?

Indictable criminal offences are serious crimes that can be tried on indictment before a judge and jury in the Crown Court, covering both indictable-only and either-way offences.

The classification of a criminal charge can affect several important decisions during your case. It determines which court can hear the matter, whether a jury trial is available, and which sentencing powers the court can use. These distinctions are particularly important if you face an allegation involving violence, theft, fraud, or another offence that may be tried in different courts. Understanding the category of the charge helps you prepare for the proceedings ahead.

The three types of criminal offence

Criminal offences fall into three main categories: summary-only, either-way, and indictable-only. The distinction between them determines the court route and, in some cases, whether you can choose to have your case heard by a jury.

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The term indictable criminal offences can be used broadly to describe offences that may be tried on indictment. However, the formal categories are indictable-only, either-way, and summary-only. It is important to distinguish between an offence that must go to the Crown Court and one that can be dealt with in either court.

The classification does not establish guilt or determine the sentence you will receive. The court considers the facts, the harm caused, your level of responsibility, and the relevant sentencing guidelines.

What is an indictable-only offence?

An indictable-only offence can be tried only in the Crown Court. Your case will normally begin with an initial appearance in the Magistrates’ Court. The magistrates deal with preliminary matters, including bail, before sending the case to the Crown Court under section 51 of the Crime and Disorder Act 1998.

Examples include:

• Murder: Unlawfully killing another person with the intention required for murder. The maximum sentence is life imprisonment.
• Manslaughter: Unlawfully killing another person in circumstances that do not amount to murder. The maximum sentence can be life imprisonment.
• Rape: A serious sexual offence carrying a maximum sentence of life imprisonment.
• Robbery: Stealing while using force or threatening to use force. The maximum sentence is life imprisonment.
• GBH with intent: Wounding or causing grievous bodily harm with intent to cause serious injury. Section 18 of the Offences Against the Person Act 1861 provides for a maximum sentence of life imprisonment.

If you face an indictable-only offence, you cannot elect to have your case tried in the Magistrates’ Court. The law requires the case to proceed to the Crown Court.

The Crown Court hears the trial before a judge and jury. The prosecution must prove the charge beyond reasonable doubt. Your defence can challenge the evidence, dispute the prosecution’s account, and raise any available legal arguments.

Read section 51 of the Crime and Disorder Act 1998 for the procedure used to send these cases to the Crown Court. The Crown Prosecution Service guidance on violent crime also explains offences involving serious violence.

What is an either-way offence?

An either-way offence can be tried in the Magistrates’ Court or the Crown Court. The court allocation process determines where proceedings will take place, subject to your current right to elect a Crown Court trial in qualifying circumstances.

Under section 19 of the Magistrates’ Courts Act 1980, magistrates assess the seriousness and circumstances of the alleged offence. They decide whether the case is suitable for trial in the Magistrates’ Court or should proceed to the Crown Court.

If the magistrates accept jurisdiction, you can choose a Crown Court trial under current law. If they decline jurisdiction, they send your case to the Crown Court.

Examples of either-way offences include:

• Theft and many fraud offences.
• ABH under section 47 of the Offences Against the Person Act 1861.
• Wounding or inflicting GBH under section 20 of the same Act.

• Many burglary offences.
• Possession of controlled drugs with intent to supply.

Magistrates can generally impose up to 12 months’ imprisonment for a single either-way offence. If they consider that this limit is insufficient for your case, they can commit you to the Crown Court for sentence. The Crown Court has wider sentencing powers, subject to the statutory maximum for the offence.

The allocation procedure is set out in section 19 of the Magistrates’ Courts Act 1980. You can also read the GOV.UK guide to magistrates’ courts for information about their role and powers.

What is a summary offence?

A summary offence can be heard only in the magistrates’ court. You cannot elect a Crown Court jury trial for a summary-only charge.

Examples include:

• Common assault.
• Many driving offences.
• Minor criminal damage.
• Certain public order offences.

The maximum sentence depends on the offence. The general maximum custodial sentence for a single summary offence is six months, although legislation provides different limits for certain offences.

If you face a summary offence, the magistrates’ court can impose a fine, a community order, or imprisonment where the offence carries a custodial penalty. The court considers the circumstances of your case and the relevant sentencing guidelines before deciding the outcome.

A summary classification does not imply that the consequences are necessarily small. A conviction can impact your job, driving record and future prospects. You should know the charge and the possible consequences of the charge before you enter a plea.

Is assault an indictable offence?

The phrase indictable assault can refer to different offences involving violence. Assault is not one charge with a single court classification. The category depends on the alleged conduct, the injury involved, and the specific offence charged.

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Common assault does not require physical injury. The offence can involve causing another person to fear immediate unlawful violence. Section 39 of the Criminal Justice Act 1988 provides for common assault to be dealt with summarily.

ABH involves injury that is more than transient or trifling. Section 47 of the Offences Against the Person Act 1861 makes the offence triable either way. The maximum sentence is five years’ imprisonment.

Section 20 covers unlawful wounding or inflicting GBH. This is also an either-way offence, with a maximum sentence of five years’ imprisonment.

Section 18 concerns wounding or causing GBH with intent to cause grievous bodily harm, or with intent to resist or prevent lawful apprehension in the circumstances specified by the legislation. This is an indictable-only offence and carries a maximum sentence of life imprisonment.

The distinction matters if you face an allegation described as indictable assault. The prosecution must prove the elements of the offence and identify the specific offence. The charge sets the court class and the maximum sentence available.

Read our guide to assault, ABH, GBH, and violent disorder charges for more information about these allegations and the available defence options.

Why does the type of offence matter?

The classification of your charge affects the court process, the available sentencing powers, and the decisions you may need to make before trial.

Which court will hear your case?

A summary-only offence remains in the Magistrates’ Court. An indictable-only offence proceeds to the Crown Court after your initial appearance in the Magistrates’ Court.

For an either-way offence, magistrates decide whether they can hear the case. If they accept jurisdiction, you can elect a Crown Court trial under current law. The distinction between an either-way offence and an indictable-only charge is therefore important when considering your trial options.

What sentence could you receive?

The statutory maximum depends on the offence. The court considers the applicable sentencing guidelines, the seriousness of the conduct, the harm caused, and any aggravating or mitigating circumstances.

Do not treat the maximum sentence as a prediction of your likely outcome. Your circumstances, the evidence, and the court’s assessment all affect the sentence.

How long could proceedings take?

The route the court takes impacts the timetable of your case. In Crown Court proceedings, there are usually further hearings, preparation and case management. The length of time will also depend on the complexity of the evidence, the number of witnesses and the availability of the court.

What happens to bail?

The court treats your bail separately from the classification of your offence. The court can either release you on bail, with conditions, or remand you in custody. Depending on the circumstances and the legal tests to be applied.

The seriousness of the charge may make a difference. The court also takes into account things such as the risk of failing to attend, committing further offences or interfering with witnesses.

If you need to challenge bail conditions or apply for a change, read about our bail applications and bail variation service.

Will your conviction appear on a DBS check?

A conviction does not appear on every type of Disclosure and Barring Service (DBS) check in the same way.

A Basic DBS check shows unspent convictions and conditional cautions. Standard and Enhanced checks can disclose additional information, subject to statutory filtering rules. Certain offences and convictions resulting in particular sentences are not eligible for filtering from Standard or Enhanced certificates.

Disclosure depends on the type of check, the offence, your age at the time, the sentence, and the time that has passed. The classification of an offence as summary-only, either-way, or indictable-only does not by itself determine whether a conviction will be disclosed.

Read the GOV.UK guidance on criminal record checks for information about the different checks and the records they can disclose.

Proposed changes to jury trials

The Courts and Tribunals Bill 2026–27 proposes changes to the way criminal cases are allocated and heard in England and Wales. The Bill is not law as at 30 October 2026.

The Bill completed its Commons stages and reached the House of Lords. Members debated it at second reading on 27 October 2026. Committee scrutiny is scheduled to begin on 10 November 2026.

The proposals include removing your right to elect a Crown Court trial for an either-way offence. Under the proposed system, magistrates or district judges would decide the appropriate court by considering the seriousness and complexity of the case.

The Bill also proposes increasing magistrates’ sentencing powers for either-way offences. The proposed framework would allow the general custodial limit to rise to 18 or 24 months. The Government has stated that it intends to increase the limit to 18 months later in 2027, subject to the Bill becoming law.

This proposal concerns the sentencing powers available to magistrates. It does not change the statutory maximum sentence for the offence itself.

An earlier version of the Bill included a proposal for judge-only trials in certain either-way cases where the likely custodial sentence was below three years. The Government announced on 4 October 2026 that it would remove this provision, and it was removed during the Bill’s Commons stages.

Judge-only trials have not been dropped entirely. The Government still proposes judge-only trials for complex fraud cases, alongside removing the right to choose a jury trial for either-way offences, as reported by the Law Society Gazette.

The proposed changes to court allocation and magistrates’ sentencing powers remain relevant. Check the Bill’s progress before relying on these proposals, as Parliament can amend the legislation during its remaining stages.

For the latest position, consult the House of Lords Library briefing on the Courts and Tribunals Bill and the UK Parliament update on its second reading.

What should you do if you have been charged?

The classification of your charge should appear in the prosecution papers. Do not assume that the wording of an allegation tells you which court will hear your case or what sentence you will receive.

Take these steps:

• Check the charge: Read the charge wording and identify the statutory provision under which the prosecution has charged you.
• Understand the court process: Establish whether the offence is summary-only, either-way, or indictable-only. Confirm what this means for your first hearing.
• Review the evidence: Ask your lawyer to see the prosecution brief, see what is in dispute and whether you need more information.
• Get advice before making a plea: If you plead guilty, it can affect your sentence. Your plea is very time-sensitive, so know the implications before you go forward.
• Get ready for the hearing: Talk to your lawyer about your options, the probable court route and any bail issues.

Your plea hearing can affect how your case proceeds and the sentence that follows. Read our guide to plea hearings and the role of a post-charge solicitor. You can also review our explanation of guilty plea strategy and sentencing credit.

If you have been charged, contact a criminal defence solicitor before your first hearing. Holborn Adams can assess the allegation, review the evidence, and advise you on the options available. Visit our criminal law service page to learn more about the firm’s criminal defence representation.

Frequently asked questions

1. What is an indictable offence?

What is an indictable offence depends on the category of the charge. An indictable-only offence must be tried in the Crown Court, while an either-way offence can be heard in the Magistrates’ Court or the Crown Court. The court route depends on the offence and, for either-way cases, the allocation process.

2. What is the difference between indictable and summary offences?

The main difference is the court that can hear the case. Indictable offences can be tried in the Crown Court, although either-way offences can also be heard in the Magistrates’ Court. A summary offence is dealt with in the Magistrates’ Court only. The classification affects the court process, the availability of a jury trial, and the potential sentence.

3. Is ABH an indictable offence?

ABH is an either-way offence under section 47 of the Offences Against the Person Act 1861. It can be tried in the Magistrates’ Court or the Crown Court, depending on the allocation decision and your election under current law. The maximum sentence is five years’ imprisonment.

4. Can I choose to have a jury trial?

Under current law, you can elect a Crown Court trial for an either-way offence if the magistrates accept jurisdiction. Indictable-only offences proceed to the Crown Court for trial before a judge and jury. The Courts and Tribunals Bill proposes removing your right to elect a Crown Court trial for either-way offences, and still proposes judge-only trials for complex fraud. The Bill is not law as at 30 October 2026.

5. What is the maximum sentence a magistrates’ court can give?

The general maximum custodial sentence is six months for a single summary offence and 12 months for a single either-way offence. Some offences have different statutory limits or exceptions. Magistrates can commit your case to the Crown Court for sentence if their powers are insufficient.

6. Does an indictable assault always go to the Crown Court?

No. The term "indictable assault" can cover a range of different offences. Common assault is a summary-only offence, whilst ABH and section 20 GBH are either-way offences. GBH with intent under section 18 is only indictable and only triable in the Crown Court.

This article is for general information only and does not constitute legal advice. For confidential advice about indictable, either-way and summary offences, contact Holborn Adams to speak with an experienced solicitor.