Minor Indictable Offences

Minor Indictable offences are more serious than summary offences.  They are usually punishable by up to 5 years imprisonment; however some minor indictable offences are punishable by longer periods of imprisonment. They are usually heard in the Magistrates’ Court by a Magistrate and prosecuted by a police officer.

If you are charged with a Minor Indictable Offence you have a right to elect to be prosecuted as if the offence were a Major Indictable Offence.  This would mean that the matter is tried in the District Court and would be prosecuted by a solicitor from the Director of Public Prosecutions. If you elect to have a Minor Indictable offence tried in the District Court you must have the matter heard by a jury, you cannot have it heard by a Judge sitting alone.