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In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence).
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).
The type and maximum level of sentence for each offence is fixed by Parliament in statutes known as Acts of Parliament. For example, the crime of theft has a fixed maximum of seven years imprisonment. Some offences have a maximum of life imprisonment: these include manslaughter and rape. In such cases, the judge has complete discretion when ...
In the case of offences which are indictable only, no plea is taken and the case is sent forthwith to the Crown Court. When dealing with either-way offences, and after the defendant has indicated a plea, it is the role of the bench to decide whether the case is suitable for summary trial or whether to decline jurisdiction and send the case to ...
Summary offences are heard in Magistrates' Court either by a district judge or a lay magistrate. [75] Indictable offences must be heard by a judge and jury in Crown Court . Some offences are triable either way , meaning it can be heard in either the Magistrates' Court, or the Crown Court if the magistrate sends it to the Crown Court or the ...
Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes). [1] For most indictable offences, a person has the right to trial by jury. A hybrid offence is the most common type of charge in Canada. There are three types of charges and each will affect when one can apply for a Record Suspension.
A summons is usually confined to very minor offences. The hearing (of the charge or summons) before the magistrates is known as a "first appearance". Offences are of three categories: indictable only, summary, and either way. Indictable only offences such as murder and rape must be tried on indictment in the Crown Court.
Offences under section 1(1) of the Protection of Children Act 1978 Offences under section 160 of the Criminal Justice Act 1988 Offences under section 170 of the Customs and Excise Management Act 1979 consisting of importation in breach of the prohibition under section 42 of the Customs Consolidation Act 1876 ( 39 & 40 Vict. c. 36)