The criminal justice system can be divided into two streams:
- Summary offences
- Indictable offences
If you have been charged with an offence, the charge sheet will indicate if it is a summary offence or an indictable offence. But……..what is the difference?
What is a summary offence?
Summary offences are normally less serious offences. You may have heard it referred to as a misdemeanour.
Summary offences are most commonly heard in the Magistrates’ court and are often not determined via a jury.
Most summary offences are prosecuted pursuant to the Summary Offences Act 1996 (Vic). However, summary offences can also be found in various other statutes also.
What are some examples of summary offences?
- Driving offences such as drink driving, careless driving or unlicensed driving
- Minor assault offences
- Disorderly behaviour
- Wilful damage to property
- Minor drug possession
What is an indictable offence?
Indictable offences are more serious offences, which consequentially hold more severe penalties. Serious indictable offences can be heard via a trial, and determined by a jury and judge. You may have heard indictable offences referred to as a felony.
Examples of indictable offences include:
- Serious drug offences
- Serious sexual offences
- Serious arson offences
- Murder
- Serious assault charges
The major difference between summary and indictable offences is the maximum penalty that applies. In Victoria, the maximum penalty for a summary offence is 2 years imprisonment. If the maximum penalty exceeds that 2 year imprisonment, it would be considered an indictable offence.
Ordinarily, summary offences are heard in the Magistrates Cout and indictable offences are heard in the higher courts, such as the County Court and the Supreme Court.
There are circumstances where indictable offences can be transferred into the Magistrates Court. This transferral means that the matter is heard summarily. This is beneficial the potential sentence that may be handed down by a magistrate would be less severe than in one of the higher courts.
If you have been charged with an indictable offence, we highly recommend that you speak to an expert criminal lawyer to see if this is a possibility for you.
Have you been charged?
If you have been charged with a summary or indictable offence, it is best to receive specialised guidance from a criminal lawyer.
Getting on the front foot and seeking legal advice as soon as possible will maximise your chances of defending the allegation or lessening the potential penalty.
Email us at info@icaalaw.com or call us today to book your appointment on (03) 9842 4474.
Important Disclaimer: The content of this posted article is general in nature and for reference only. The content does not constitute legal advice. Legal advice about your specific circumstances should always be obtained before taking any action in your particular circumstances.
