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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
Full glossary
Legal term
Criminal Law

Indictable Offence

A criminal offence that can be tried in the Crown Court before a judge and jury. The most serious criminal offences (murder, manslaughter, rape, robbery) are 'indictable only' and must be tried in the Crown Court. Other indictable offences are 'either-way' and may be tried in either the magistrates' court or the Crown Court.

Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.

CPS guidance for the public puts it plainly: 'The most serious offences such as rape or murder can only be tried in the Crown Court. These are called 'indictable only' offences.' All cases still start in the magistrates' court, but an indictable-only case is sent up to the Crown Court rather than being dealt with locally.

More technical CPS legal guidance on allocation confirms the mechanics: where an indictable-only charge is involved, the magistrates' court should send the indictable-only charge for trial under section 51(2)(a) of the Crime and Disorder Act 1998, and any related either-way charge must also be sent for trial alongside it.

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Official sources

This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.