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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).
This time limit does not apply to either-way offences tried summarily. However, any time limit for such an offence imposed by statute binds the magistrates' court as it would a Crown court. In Scotland, the time limit for a summary offence (regardless of which court tries it) is six months, unless an enactment sets a different time limit.
Indictable only offences are very serious crimes and must be sent to the Crown Court. [3] For all cases, excluding murder, [8] the magistrates will decide whether the defendant is to be released on bail or remanded into custody. In law in England and Wales, unconditional bail is automatically granted unless the court believes there is a chance ...
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.
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 ...
By virtue of the Accessories and Abettors Act 1861 (in respect of indictable offences) and the Magistrates' Courts Act 1980 (in respect of summary offences), a person who "aids, abets, counsels or procures" the commission of an offence is dealt with as though they committed the offence themselves. However, "aiding and abetting" is not an ...
Offences of disturbing public worship. Offences under section 2 of the Ecclesiastical Courts Jurisdiction Act 1860; Offences under section 7 of the Burial Laws Amendment Act 1880; Offences under section 59 of the Cemeteries Clauses Act 1847; Offences under articles 18 and 19 of the Local Authorities' Cemeteries Order 1977 (SI 1977/204)