An indictable offence is an offence that can be tried on indictment in the Crown Court. In England and Wales, the expression includes both indictable-only offences and offences triable either way, unless the context requires a narrower meaning.
This point matters because some statutes use "indictable offence" as a threshold for powers. Section 24A of the Police and Criminal Evidence Act 1984, the main citizen's arrest power, applies to indictable offences. Because either-way offences count as indictable for this purpose, theft can fall within section 24A even though it may be dealt with in the magistrates' court in many cases.
Categories of Criminal Offence
English criminal procedure commonly divides offences into three procedural groups:
- Summary offences, which are tried only in the magistrates' court.
- Either-way offences, which can be tried in the magistrates' court or the Crown Court.
- Indictable-only offences, which are tried only in the Crown Court.
The broader statutory expression "indictable offence" includes offences triable either way. The narrower phrase "indictable-only" should be used where the meaning is limited to Crown Court only offences.
Indictable-Only Offences
Indictable-only offences are the most serious procedural category. Examples include murder, rape, robbery, and some serious firearms or explosives offences. They normally start in the magistrates' court for an initial hearing but are sent to the Crown Court.
Either-Way Offences
Either-way offences vary widely in seriousness. Examples include theft, burglary, fraud, assault occasioning actual bodily harm, and many weapons offences. Allocation depends on the facts, sentencing powers, legal complexity, and whether the defendant elects Crown Court trial where that election is available.
For some legal powers, an either-way offence is treated as an indictable offence. That is why shop theft can be relevant to citizen's arrest even though many shop theft cases are dealt with summarily.
Importance for Citizen's Arrest
Section 24A of PACE does not apply to every offence. It is tied to indictable offences, plus strict necessity conditions. Because indictable includes either-way, a shop worker or business owner may in principle arrest a suspected thief under section 24A if the statutory requirements are met and it is not reasonably practicable for a constable to make the arrest instead.
That does not make every detention lawful. The person making the arrest must still have the required grounds, must satisfy the necessity test, and must use only reasonable force.
Practical Examples
Theft From a Shop
Theft is an either-way offence. A shop worker who sees a person conceal goods and try to leave may be dealing with an indictable offence for PACE section 24A purposes, even if the value is low. The necessity conditions still matter.
Minor Disorder
A low-level public order offence may be summary only. If it is not indictable and no other power applies, section 24A is not available merely because the behaviour is annoying or disruptive.
Robbery
Robbery is indictable-only. It clearly meets the indictable-offence threshold, but the arrest still has to be necessary and reasonable in the circumstances.
See Also
References
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