Summery / Indictable Offences

Question 1

What is a summery offence and in which act can they be found?

Answer 1

A summery offence is an offence of a less serious nature that leaves a minimal impact on the victim and society. They can be found in the summery offences act

Question 2

Where is a summary case heard and by who?

Answer 2

Summary offences are heard in the magistrates court. They are heard by a magistrate alone.

Question 3

What is the maximum penalty for a summary offence

Answer 3

The maximum penalty for an indictable offence is two years imprisonment.

Question 4

What is an indictable offence and in which act can they be found

Answer 4

An indictable offence is one of a more serious nature that can leave a long lasting impact on the victim and the broader society. Indictable offences can be found in the crimes act.

Question 5

Where are indictable offences heard and by who

Answer 5

Indictable offences are heard within either the county court or the Supreme Court. They are heard by a judge and jury (unless the accused pleads guilty then no jury will be used).

Question 6

What is the maximum punishment for an indictable offence?

Answer 6

The maximum punishment for an indictable offence is up to life imprisonment.

Question 7

What are indictable offences heard summerly?

Answer 7

Indictable offences heard summerly are cases that are of a serious nature but instead of having the case heard in the county or Supreme Court it is heard within the magistrates court by a magistrate alone.

Question 8

How can a case qualify to be heard summerly and what is the maximum punishment?

Answer 8

For an indictable offence to qualify to be heard summerly it must only be punishable by up to 10 years imprisonment. An accused just also plead guilty to the offence to have their case heard this way.

Question 9

Strengths of having an indictable offence heard summerly?

Answer 9

• Only punishable by up to 10 years imprisonment
  -Cheaper then having a case heard in a higher court
  -Quicker as higher courts tend to take a lot longer to prepare a case

Question 10

Weakness of having an indictable offence heard summerly?

Answer 10

• No jury to determine outcome
• Accused must plead guilty
  -Magistrates court does not specialise in higher Caliber cases.