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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).
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.
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).
Ever since the creation of the office of justice of the peace the tendency of English legislation has been to enable them to deal with minor offences without a jury. . Legislation was necessary because, as Blackstone says, except in the case of contempts the common law is a stranger to trial without a jury, and because even when an offence is created by statute the procedure for trying must be ...
For an adult, summary trials take place in a magistrates' court, while trials on indictment take place in the Crown Court. Despite the possibility of two venues for trial, almost all criminal cases, however serious, commence in the magistrates' courts. Offences may also be deemed "either way", depending on the seriousness of the individual offence.
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.
Offences under the Public Order Act 1986; Offences under section 31 of the Crime and Disorder Act 1998; Offences under Part V of the Criminal Justice and Public Order Act 1994; Offences under Part II of the Criminal Law Act 1977; Offences under the Protection from Eviction Act 1977; Bomb hoaxes, contrary to section 51 of the Criminal Law Act 1977