summary and indictable offences

Question 1

define summary offence

Answer 1

a minor offence
generally heard in the
Magistrates’ Court

Question 2

define indictable offence

Answer 2

a serious offence
generally heard before
a judge and a jury in
the County Court or
Supreme Court of
Victoria

Question 3

define committal proceeding

Answer 3

the pre-trial hearings
and processes held in
the Magistrates’ Court
for indictable offences

Question 4

define committal hearing

Answer 4

a court hearing that
is held as part of the
committal proceeding in
the Magistrates’ Court.
At a committal hearing,
the magistrate will
decide whether there
is sufficient evidence to
support a conviction for
the offence charged

Question 5

define indictable offence
heard and determined
summarily

Answer 5

a serious offence
that is dealt with as
a summary offence
if the court and the
accused agree

Question 6

explain summary offences

Answer 6

• minor offence generally heard in magistrates court
• less serious crimes, such as drink driving, minor assaults + minor traffic offences
• contained in the Summary Offences Act 1966
• heard without a jury trial
• most crimes committed are summary

Question 7

explain indictable offences

Answer 7

• serious crime generally heard in the county or supreme court before a jury
• more serious offences, such as armed robbery, sexual offences, culpable driving, murder and manslaughter
• contained in the Crimes Act 1958
• jury determines guilt if accused pleads not guilty

Question 8

indictable offence heard and determined summarily

Answer 8

• less serious indictable offence dealt with as a summary offence if the court and the accused agree (magistrates’ court, so no jury)
• accused will usually agree as it is quicker and cheaper and may be imposed a lower sanction, due to limits on maximum prison terms a magistrate can impose
• can only impose maximum of 2 years for 1 offence and 5 years for multiple, or fine up to 120 penalty units

Question 9

explain commital proceedings

Answer 9

• Committal Proceedings: Occur in the Magistrates’ Court when an accused pleads not guilty to an indictable offence.
  
  • Stages:
    
    • Several stages, culminating in a committal hearing.
    • Committal Hearing: Magistrate decides if there is sufficient evidence to support a conviction at trial.
• Outcomes:
  
  • If Evidence is Sufficient: The accused is committed to stand trial, and the case is transferred to a higher court.
  • If Evidence is Insufficient: The accused is discharged and allowed to go free. They can be brought back to court if further evidence is found, as the committal proceeding is not a trial and does not determine guilt.
• There are no committal proceedings for summary offences.

Question 10

The committal process has several important purposes, including:

Answer 10

• ensuring that cases where there is inadequate evidence do not go to trial
• finding out whether the accused plans to plead guilty or not guilty
• ensuring a fair trial by making sure the prosecution’s case is disclosed to the accused
• giving the accused the opportunity to put forward a case at an early stage and possibly crossexamine witnesses.