U3AOS1 Topic 1: Summary and Indictable offences
| Study design dot point: | The distinction between summary and indictable offences. |
Summary offences:
- Are minor/less serious crimes/offences that are generally heard in the Magistrates' Court.
- Most summary offences are contained within the Summary Offences Act 1966 (Vic).
- There is no right to trial by jury for this type of offence.
- Maximum term of imprisonment for one single summary offence charge is 2 years.
- Examples include: drink driving, disorderly conduct and minor assaults.
- The final hearing is called a 'hearing'.
Indictable offences:
- Are more serious crimes/offences that are typically heard before a judge and jury.
- Are heard in the County Court (for less serious indictable offences) or Supreme Court of Victoria - Trial Division (for more serious indictable offences).
- Usually, offences listed in The Crimes Act 1958 (Vic) are indictable offences unless explicitly stated otherwise.
- There is a right to trial by jury for this type of offence (where the accused has plead not guilty).
- The final hearing is called a 'trial'. Indictable offences heard summarily:
- These refer to indictable offences that are treated as if they are summary offences. That is, they can be heard in the Magistrates' Court as if they were a summary offence.
- Not all indictable offences are eligible to be heard summarily. Some very serious indictable offences like murder, cannot be dealt with as a summary offence. This is determined by statute.
- For this to occur, the court must deem the offence appropriate to be treated and heard summarily, and the accused must also agree.
- This can be a quicker and cheaper way to have a case heard in the Magistrates' Court and resolved. It can also serve to reduce the maximum penalty that can be handed down as it is treated as a summary (minor) offence and not an indictable one (where applicable).
Indictable offences heard summarily:
- These refer to indictable offences that are treated as if they are summary offences. That is, they can be heard in the Magistrates' Court as if they were a summary offence.
- Not all indictable offences are eligible to be heard summarily. Some very serious indictable offences like murder, cannot be dealt with as a summary offence. This is determined by statute.
- For this to occur, the court must deem the offence appropriate to be treated and heard summarily, and the accused must also agree.
- This can be a quicker and cheaper way to have a case heard in the Magistrates' Court and resolved. It can also serve to reduce the maximum penalty that can be handed down as it is treated as a summary (minor) offence and not an indictable one (where applicable).
Example 1
Using an example, outline the term 'summary offence'. (2 marks)
Firstly, consider the command/task word used. Here, the command/task word is 'outline'. As per the VCAA command glossary, an 'outline' entails providing an overview or the main features of an argument, point of view, text, narrative, diagram or image. In the context of this question, 'outline' would require students to provide an overview of what the concept of a 'summary offence' is. This can be done through providing a definition and highlighting the general features of a 'summary offence'. As the question also asks for an example, students should note down one example of a summary offence. It is also important to note down that this question is worth 2 marks. The amount of marks available in the question plays an important part in showcasing how in-depth one's response needs to be.
A possible response could be:
- Summary offences refer to less serious/minor criminal offences/crimes that are dealt with summarily in the Magistrates’ Court before a magistrate (there is no jury present for summary offences). Summary offences are typically stated in the Summary Offences Act 1966 (Vic) (though not all summary offences are listed here). An example of a summary offence is drink driving, which is a minor criminal offence.