In Australia, offences are divided into two main categories: summary offences and indictable offences. Whether you’re the accused or the complainant, it’s important you understand which type of offence you’re dealing with as early in the proceedings as possible. Doing so will help you better comprehend the potential implications of the case and will enable you to make informed decisions regarding your legal rights, obligations, and representation.
At Rebecca Burdon Legal & Consulting, we are here to help you understand the difference between summary and indictable offences so you can stay informed about your case. No matter what kind of offence you’re dealing with, you can count on us to provide the information, guidance, and support you need.
What is a Summary Offence?
Also sometimes referred to as a summary crime, this refers to offences at the lower end of the offending scale and can be dealt with summarily. This means the case can be heard by a magistrate and resolved without a formal trial before a jury and/or judge. These offences are typically less complex to deal with and result in lighter sentences compared to indictable offences. Examples of summary offences include:
Common assault
Traffic infringements/violations
Property damage
Minor drug offences
Trespassing
What is an Indictable Offence?
So, what does “indictable offence” mean, exactly? Essentially, an indictable offence is a more serious type of crime than a summary offence. These kinds of offences can vary from minor to serious depending on the nature of the crime and the maximum sentence that may be given to the offender. Indictable offence examples include:
Indecent assault and sexual offences
Culpable driving
Aggravated burglary
Drug trafficking and manufacturing
Manslaughter
Murder
There are a number of procedural court hearings required when an indictable offence is before the court and not being determined summarily. The first is a filing hearing which is a hearing date that sets timetabling and dates for future hearings as well as setting expectations to Prosecutors as to when the evidence or ‘criminal brief’ is to be served on the accused.
The next procedural hearing is the committal mention hearing. This is when an accused can indicate to the court their intentions to plead guilty or not guilty, how many witnesses they intend to call, and the legal issues they intend to contest.
Once the procedural matters are concluded, the first substantive hearing for an indictable offence (known as a committal hearing) is held in the Magistrates’ Court. After hearing all the evidence, a Magistrate will decide whether the accused should be committed to trial in a higher court.
What Does an Indictable Offence Heard Summarily Mean?
An indictable offence heard summarily refers to cases less serious in nature that meet certain conditions. They must be permitted offences, for example, low-level theft or assault. The Magistrate must agree it is appropriate for the matter to be determined in the summary court, and the accused must consent. When this happens, it is called an indictable offence triable summarily.
What is a Serious Indictable Offence?
A serious indictable offence is an offence that attracts a maximum term of imprisonment of five or more years. Serious indictable offences include crimes such as murder, manslaughter, or sexually related crimes. These offences may also be referred to as “strictly indictable offences” and are considered too serious to be tried summarily and must be heard in the higher courts.
The Main Differences Between Summary and Indictable Offences
The most discernible difference between summary and indictable offences is how serious the conduct is considered to be. While summary offences are categorised as minor crimes by their nature, indictable offences include the most serious charges that can be brought against a person. Even though this may be the most apparent distinction between the two, it is not where their differences end. This is because more serious crimes not only necessitate more complex trials but they also carry much heavier penalties.
The Trial Proceedings
The difference between the way summary and indictable offences are tried is of importance. Summary offences, along with indictable offences triable summarily, are considered to be less complex cases. As such, they do not necessitate a judge or jury and can be heard in the Magistrates' Court.
Indictable offences that cannot be tried summarily have greater consequences and, therefore, require more complex court proceedings to ensure the trial is fair and that justice is properly served. As a result, these offences must be dealt with in a higher court once their committal hearing in the Magistrates’ Court is complete. Depending on the seriousness of the case or charge, these indictable offences may move up from the Magistrates to the County or Supreme Court.
The Maximum Penalties
Another major difference between summary and indictable offences is the maximum penalty. In Victoria, the maximum penalty for a summary crime is either 2 years imprisonment or fines of no more than 240 penalty units. Indictable offences that can be tried summarily are only those which carry a term of imprisonment with a maximum of 10 years or less.
Strictly indictable offences, on the other hand, can lead to much harsher sentencing outcomes than those mentioned above. The maximum penalty that an offender can face for an indictable offence largely depends on the seriousness of the crime they committed. Fines can equate to 240 penalty units or more, and terms of imprisonment can range anywhere from months to a life sentence.
Have You Been Accused of a Summary or Indictable Offence? Rebecca Burdon Legal & Consulting Can Help
Understanding the difference between summary and indictable offences is imperative when dealing with your legal matter. These offences differ in terms of seriousness, court proceedings, and potential penalties. If you need legal advice or representation for a summary or indictable offence, don't hesitate to reach out to Rebecca Burdon Legal & Consulting. We are here to advocate for your rights and guide you through the complexities of the Victorian legal system. Contact us today for a confidential consultation and get the advice you need for your circumstances.
Comments