Summary and indictable offences Flashcards
What is a summary offence?
typically more minor offences that can only be heard and determined in the
Magistrates’ Court.
What is an indictable offence?
all other offences and can include relatively minor offences that can be dealt with summarily. Some indictable offences including murder, rape, armed robbery and some forms of aggravated burglary, can only be dealt with in the Supreme or County Courts.
These serious charges begin with a proceeding in the Magistrates’ Court called a “committal” proceeding, whereby the evidence can be tested and a decision made about whether there is sufficient evidence to require the accused to stand trial.
All offences in the Crimes Act 1958 are presumed to be indictable unless the contrary intention appears (s 2B).
What are indictable offences triable summarily?
Indictable offences which are less serious, can be heard and determined summarily in the Magistrates’ Court (sometimes CCV).
- Most commonly, when the police officer has initiated the charges in the summary stream of the Magistrates’ Court, and the accused consents.
- Where IOTS are initiated in the committal stream, the accused may make an application to have the matter determined in the Magistrates’ Court = an application for summary jurisdiction.
What is s112 Sentencing act about?
Aside from the offences in the Crimes Act and Wrongs Act, any offence punishable by a Level 1-6 term of imprisonment or fine (10 years, 600 penalty units or more) is presumed to be an indictable offence, and if punishable by less than that, is presumed to be a summary offence.
