Study design dot point: - The distinction between summary and indictable offences. |
Summary offences:
- Refer to minor/less serious crimes/offences that are generally heard in the Magistrates' Court.
- Some summary offences are contained in the Summary Offences Act 1966 (Vic) (but not all are listed here).
- The maximum term of imprisonment for one single summary offence charge is 2 years.
- There is no right to trial by jury for this type of offence.
- Examples of summary offences include: drink driving, disorderly conduct or minor assaults.
- The final hearing is known as a 'hearing' for this type of offence.
Indictable offences:
- Refer to more serious crimes/offences that are typically heard before a judge and jury.
- These are typically heard in the County Court (for less serious indictable offences) or Supreme Court of Victoria - Trial Division (for more serious indictable offences).
- Typically, offences listed in The Crimes Act 1958 (Vic) are indictable offences (unless explicitly stated otherwise).
- The right to trial by jury applies for this type of offence.
- Examples of indictable offences include: sexual offences, drug trafficking and homicide-related offences (such as murder or manslaughter).
Indictable offences heard summarily:
- These are indictable offences that are treated as if they were summary offences. That is, they are heard in the Magistrates' Court as if they were summary offences.
- Not all indictable offences are able to be heard summarily. Some serious indictable offences like murder, are not able to be heard summarily. This eligibility requirement is determined by statute.
- The court must deem the offence to be appropriate to be heard and treated summarily, and the accused must also agree.
- Can be a quicker and cheaper way of having an accused's criminal case resolved. it can also reduce the maximum penalty that can be handed down.