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In Canada, an indictable offence is a crime that is more serious than a summary offence. Examples of indictable offences include theft over $5,000, breaking and entering, aggravated sexual assault, and murder. Maximum penalties for indictable offences are different depending on the crime and can include life in prison.
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).
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.
An offence against a Commonwealth law, with a term of imprisonment in excess of 12 months is an 'indictable offence'; [33] and is constitutionally required to be tried before jury of 12 people. [ 34 ] [ 35 ] Offences that do not carry a term of imprisonment exceeding 12 months are called 'Summary Offences'.
There are intermediate offences which are indictable (equivalent to an old-style felony), but which can be heard summarily. For instance, theft is usually a serious offence. If however the charge is that the defendant stole a packet of biscuits worth only a very small amount, it would probably be heard by a magistrate.
It is a separate offence to assault on a constable in the execution of their duty, under section 90 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) (previously section 41 of the Police (Scotland) Act 1967 (c. 77)) which provides that it is an offence for a person to, amongst other things, assault a constable in the execution of their ...
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 ...
[5] The conduct of the preliminary hearing as well as the specific rules regarding the admissibility of evidence vary from jurisdiction to jurisdiction. If the court decides that there is probable cause, a formal charging instrument (called the information in some jurisdictions) will be issued, and the prosecution will continue.