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The Melbourne Magistrates' Court.In Victoria, Australia, all summary offences are heard in the Magistrates' Court. A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, [1] [2] [3] without the right to a jury trial and/or indictment (required for an indictable offence).
Offense classes Type Class Maximum prison term [1] Maximum fine [2] [note 1] Probation term [3] [note 2] Maximum supervised release term [4] [note 3] Maximum prison term upon supervised release revocation [5]
A misdemeanor (American English, [1] spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences.
Offences in their own right (Section 3(1) contains 30 subsections with an equal number of offences. Section 3(2) contains four subsections with offences) Two derived offences (sections 3(2)(vi) and 3(2)(vii)). The derived offences only come into the picture when another offence under the Act has been committed.
Under this procedure a single magistrate, supported by a legally qualified adviser, tries adult, summary-only, non-imprisonable offences, by adults or companies, without a court hearing, if the defendant has either pleaded guilty, or not responded to notification of prosecution. The defendant can instead choose to attend a hearing in court.
All criminal cases start in the magistrates' court and over 95 per cent of them will end there – only the most serious offences go to Crown Court. [5] Summary offences are the least serious criminal offences. They include driving offences, vandalism, criminal damage of low value, low-level violent offences and being drunk and disorderly.
Because section 12 is a summary only offence, there can be no attempt, so anticipatory acts are an offence of vehicle interference contrary to section 9 of the Criminal Attempts Act 1981. The defendant must interfere with the vehicle or a trailer or anything in or on it. Merely touching the vehicle would not be enough.
The Summary Jurisdiction Act 1884 swept away special forms of procedure contained in a large number of statutes, and substituted the procedure of the Summary Jurisdiction Acts. The Summary Jurisdiction Act 1899 added the obtaining of property by false pretences to the list of indictable offences that could sub modo be summarily dealt with. The ...