the distinction between summary and indictable offences - 3.1.1

Question 1

what are summary offences?

Answer 1

summary offences are minor offences and a re usually heard in the magistrate’s court and don’t require a jury. (summary offences Act 1966 (vic)). the max sentence for 1 offence is 2 years, multiple offences is 5 years
e.g. disorderly conduct, graffiti etc.

Question 2

what are indictable offences?

Answer 2

Indictable offences are serious offences that are heard in the county/supreme court and usually require a judge, jury. some indictable offences can be heard summarily (e.g. theft)
(Crimes Act 1958 (vic))
e.g. murder, drug offences etc.

Question 3

what are committal proceedings?

Answer 3

a committal proceeding is where an accused is charged with an indictable offence but pleads not guilty, this occurs in the magistrate’s court. The magistrate will decide if the evidence support conviction.

Question 4

what are indictable offences heard summarily?

Answer 4

serious cases that are heard in the magistrate’s court as if it was a minor offence. This can happen if the accused and court agrees it’s appropriate and the max sentence for the offence is less than 10 years.