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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).
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In the case of offences primarily punishable only on summary conviction, the accused, if the maximum punishment is imprisonment for over three months, can choose a jury trial (Summary Jurisdiction Act 1879, s. 17). In the case of offences primarily punishable only on indictment, power to convict summarily is given in the following cases:
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).
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 ...
Summary jury trial, an alternative dispute resolution technique, increasingly being used in civil disputes in the United States; Summary offence, a crime in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment. Typically minor or petty offenses.
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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.