What's the difference between indictable and summary offences?

Answer 1

In England, Criminal cases are tried in two ways, but are classified in three ways.

1. Summary
2. Triable either way
3. Indictable.

Summary offences are the run of the mill charges/informations such as battery and most motoring offences. The defendant will be tried by a bench of lay magistrates, who are advised on legal matters by the Clerk of the Court (aka Legal Adviser) who is a qualified lawyer. Very occasionally, a District Judge (a trained lawyer of at least 7 years experience) will adjudicate. The Magistrates decide if the Prosecution have proved beyond reasonable doubt that the defendant is guilty of the offence.

Indictable offences are tried in the Crown Court by a Judge and with a Jury. The offences that are indictable are the most serious - murder, rape, grievious bodily harm. The Jury decides if the Prosecution have proved beyond reasonable doubt that the defendant is guilty or otherwise.

Cases that are triable either way are intermediate crimes such as burglary. The defendant can choose whether to be tried by Magistrates, or to be tried by Judge and Jury.

Answer 2

..if you look at other answers, you will see 'triable either way' - which is an offence which can be tried in a magistrates court, (a lower court with magistrates sitting and no jury), or in a crown court, (an upper court with a judge & jury), or summary only, (magistrates only). Indictable can only go to Crown Court. Summary offences are relatively minor, & a prosecution must commence (papers submitted to court) within 6 months of the offence occurring - if not, the case cannot be prosecuted. Provided the papers have been submitted, the case itself can proceed at any time e.g someone is arrested for a minor matter. The person goes on the run. Provided the Police/Crown Prosecutions start the proceedings within the 6 months, the case will be able to proceed when the person is eventually caught - even a couple of years down the line. If the paperwork/application goes in outside the 6 months - nothing can be done. Indictable & either way offences have no such 6 month limit.

Recently a new Act (called SOCAP Act 2005) came in, (from a Police perspective). Police had additional powers in the past with regard to more serious offences, which were called 'arrestable offences' - giving an automatic power of arrest / forcible entry etc. SOCAP now gives the Police a power to arrest for ANY offence - even minor offences like littering, or having a duff headlight bulb, PROVIDED they can justify the neccessity to arrest (there are numerous justifications listed). Since anything is now 'arrestable', to distinguish the more serious offences allowing powers of entry etc, they are now defined as 'indictable' - in reality these are offences which are 'indictable' (Crown Court only), or 'triable either way', i.e antyhing which theoretically COULD end up in a Crown Court .....so indictable now means offences destined for Crown Court only (amongst lawyers, courts etc), BUT to the Police it means offences which carry more powers for Police, but which may (triable either way) end up in a Magistrates Court, or it could mean to the Police what the rest of the Justice system understands by it (Crown Court only offences), depending on what they are doing with a case at the time (arresting, or prosecuting)....... must have been a real genius in Parliament to have made up something so confusing !!!!

Answer 3

Summary offences are offences that can only be dealt with in a magistrates court eg speeding. Indictable offences are offences that are so serious only a crown court can deal with them eg murder. Indicatable offences are charged to a magistrates court and are sent on the first hearing to the crown court.

Answer 4

Education is good, because it teaches you how to learn, how to discipline your mind. Knowledge for a Christian is knowing the word, knowing your God, His nature, His will, His outlook on things. Wisdom is looking at things from God's perspective and putting them into action. Knowledge is great, but too much of it can puff you up if you don't counteract it with fruit of the Spirit. Ever know a person who's very knowledgeable, but has no temperance and no love? Their knowledge is almost useless in the long run. But wisdom? You find that and your soul shall live, because when you find wisdom, you find the way God Himself looks at a situation. Proverbs 3: By wisdom the Lord laid the earth’s foundations, by understanding he set the heavens in place; by his knowledge the watery depths were divided, and the clouds let drop the dew.

Answer 5

Either Way Offences

Answer 6

Triable Either Way

Answer 7

wouldn't try to add what Kasey has told you