Our team would be known as inspiring leaders within the community, displaying strong leadership on important issues in society even if it comes at a short-term cost. In delivering value by being both innovative and convenient, using technology and shifting the culture of work-life in the profession, we will attract the best and most diverse team of people. By creating opportunity and revolutionising our segment of the Profession through innovation and convenience for clients, we will assert a strong belief that having work experience at JB Solicitors is a door-opening in the legal profession. The knowledge and experience gained in working at our firm will be equivalent to, if not better than, obtaining an internship at a large top tier law firm.
Summary offences are less serious crimes, heard before a magistrate and not sent for trial before a judge and jury.
Australia Criminal Law
Summary offences are less serious crimes. It is a criminal offence heard by a magistrate and decided in a Magistrates Court and not sent for trial before a judge and jury. They are crimes that are less serious than indictable offences and whose penalties imposed are not as great as the latter.
Section 3 of the Criminal Procedure Act 1986 (NSW) simply defines a summary offence as an "offence that is not an indictable offence". A summary offence is a minor criminal offence that the local courts deals with 'summarily'.
They are generally punishable and dealt with a maximum penalty of two years' imprisonment. These types of charges commonly include drink driving and use of offensive language.
Other examples of summary offences contained in various laws that may not be listed in the summary offences act include:
Indictable offences are the more serious offences. Section 3 of the Criminal Procedure Act 1986 (NSW) defines an indictable offence as "an offence that may be prosecuted on indictment." An indictment is a formal document (containing the charges an accused may face) that the prosecution files to commence a "trial on indictment".
Examples of indictable offences include:
As a general rule, an offence with imprisonment over two years are dealt with as an indictable offence and often reach the supreme court. All other less serious offences are summary offences and are dealt with in a Magistrates Court by the magistrate.
The Law also allows certain indictable offences to be heard summarily and treated as a summary offence in the Local Court if all parties agree.
These are offences not listed in the summary offences act but still heard summarily. Examples of these offences would be circumstances of a minor theft offence, minor fraud, and an assault offence.
Also, some less serious charges commence and remain in the local court, while other circumstances on more serious charges commence in the local court but end up heard in the district court or supreme court.
A person may be arrested and brought before a court for offences relating to a summary offence. These offences usually carry less severe penalties compared to indictable offences.
These are minor cases of violations dealt with the maximum penalty imposable within NSW legislation is a 2-year imprisonment term.
The main benefits of summary offences are simplified procedures, faster processes, and less severe punishments as opposed to indictable offences. And because of that, most people prefer hearing a case summarily before a magistrate over a judge and jury. For these offences, it is the police that will generally prosecute instead of the public prosecutors.
After the filing of charges, the Local Court may issue summons to the accused. If the person does not attend court in response to a summons, a warrant for their arrest is issued.
The accused may then choose to plead guilty, and the court may sentence him/her same day. Or they may adjourn the matter to obtain legal advice and prepare for the case.
If the accused wants to contest the charges and present a defence, they will have to attend court on at least two more occasions, to attend a contest mention and then a contested hearing after the first hearing. The prosecution will serve the evidence, and the defence will review the evidence.
If the matter proceeds to a contested hearing, the court will be informed of what issues are in dispute, how many witnesses will be giving evidence and how long the hearing is likely to take.
At the end of a summary offence trial, the Magistrates Court or the magistrate may either impose sentencing such as imprisonment, dismiss the case, or acquit the defendant.
There is a time limit within which police can charge a person. If it expires from the date of the alleged offence, police can no longer bring the charge against the accused.
The limit in relation to summary offences is six months in NSW. However, the operation of the legislation on NSW statute of limitations does not apply for indictable offences. The operation of the six months' statute of limitations also does not apply to specific cases such as:
Perhaps you or your close ones are facing a a charge of a summary offence and you are confused on how to present your defence.
JB Solicitors has a leading team of highly experienced criminal lawyers who can assist you. We will ensure that we resolve your legal matters on summary offences.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
