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to hear and determine all simple offences; to hear and determine most indictable offences if the child consents to it; and; to conduct committal proceedings in relation to indictable offences. A Children's Court magistrate also has powers to hear Child Protection matters pursuant to the Child Protection Act 1999.
Both assault with intent to resist arrest/lawful apprehension and escaping from lawful custody are indictable, the former being so by the mode of trial of the offence, the latter is a common law offence and therefore indictable only. Therefore, these offences—whether fully carried out or merely attempted—are citizen's arrestable in themselves.
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. There are minimum ...
Under the criminal law of Australia the Criminal Code Act 1995 (Commonwealth) abolished all common law offences at the federal level. [1] The Australian Capital Territory, the Northern Territory, Queensland, Tasmania and Western Australia have also abolished common law offences, but they still apply in New South Wales, South Australia and Victoria.
An information is a formal criminal charge which, depending upon the jurisdiction, either begins or continues a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted.
The Magistrates Court of Queensland is the lowest court in the court hierarchy of Queensland, Australia. [3] All criminal proceedings in Queensland begin in the Magistrates Court, with minor offences being dealt with summarily , and more serious ones being referred to a higher court on the strength of evidence. [ 3 ]