Summary and Indictable Offence Flashcards
what are indictable offences
an indictable offence is one that society considers to be serious (e.g. murder or sexual assault) They are brought on a charge called an ‘indictment’ (a written legal document listing the charges applied) and charged by a judge and jury (not guilty plea) or sentenced by a judge (guilty plea)
since it is more serious there are more steps to deal with them, requiring a committal hearing in the local court to be held to ensure that there is sufficient evidence from the prosecution to warrant a trial.
what are summary offences
a summary offence is a less serious charge (e.g. shoplifting or drunk driving), heard and sentenced by a magistrate in a local court without a jury and warranting less severe penalties such as fines.
They are brought on a charge called a ‘summons’ (a written order for a person to appear in court for a particular reason), and can carry penalties of no greater than two years in prison
