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The primary criminal statute in Victoria is the Crimes Act 1958. [20] Criminal procedure is consolidated within the Criminal Procedure Act 2009 (Vic). [21] Other important legislation includes the Evidence Act 2008 (Vic), [22] Summary Offences Act 1966 (Vic) [23] and Jury Directions Act 2015 (Vic). [24]
The Crimes Act 1958 is an Act of the Parliament of Victoria. [3] The Act codified most common law crimes in the jurisdiction. [ 4 ] Most crimes in this Act are indictable offences , whereas the Summary Offenses Act 1966 covers summary offenses . [ 5 ]
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 Magistrates' Court of Victoria is the lowest court in the Australian state of Victoria. The court possesses original jurisdiction over summary offences and indictable offences heard summarily , as well as civil claims up to $100,000.
Police Offences Act 1935, section 14 – 'Public decency' – one penalty unit. [48] Victoria – Summary Offences Act 1966, section 19 – 'wilful and obscene exposure' – penalty two years. [49] Under the Nudity (Prescribed Areas) Act 1983 [50] the responsible minister may declare a public area where public nudity is permitted.
In Canada and Ireland, these are known as hybrid offences, whereas in England and Wales, these are known as either way offences, and can only be heard summarily with the defendant's consent and if a magistrates' court finds that matter is suitable for summary trial. In Victoria, Australia, they are called indictable offences triable summarily ...
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 ...
These offences are defined under section 5 of the Criminal Procedure Act 1921 (SA). [18] Summary offences include those that cannot be punished by imprisonment [19] or offences that carry a maximum imprisonment term of two years or less. [20] Summary offences may also include offences that involve both imprisonment or a fine of $2,500 or less. [21]