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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).
The type and maximum level of sentence for each offence is fixed by Parliament in statutes known as Acts of Parliament. For example, the crime of theft has a fixed maximum of seven years imprisonment. Some offences have a maximum of life imprisonment: these include manslaughter and rape. In such cases, the judge has complete discretion when ...
The indictable offences specified in sched. 1, col. 2 of the act of 1879 and in the act of 1899, if committed by adults, if they consent to summary trial after being told of their right to be tried by a jury (1879, s. 12).
In the case of offences which are indictable only, no plea is taken and the case is sent forthwith to the Crown Court. When dealing with either-way offences, and after the defendant has indicated a plea, it is the role of the bench to decide whether the case is suitable for summary trial or whether to decline jurisdiction and send the case to ...
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.
A summons is usually confined to very minor offences. The hearing (of the charge or summons) before the magistrates is known as a "first appearance". Offences are of three categories: indictable only, summary, and either way. Indictable only offences such as murder and rape must be tried on indictment in the Crown Court.
s271(3): A person is liable to arrest and detention under this section if the person is in the act of committing, or has just committed an indictable offence; or theft (whether the theft is a summary or indictable offence); or an offence against the person (whether the offence is summary or indictable); or an offence involving interference with ...