Search results
Results from the WOW.Com Content Network
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).
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).
All non-summary offences are indictable: the available penalties are greater for indictable offences than for summary offences. These in turn may be divided into three categories: 1. Very serious indictable-only offences including treason and murder (section 235) [2] that are listed in section 469 of the Criminal Code. [2]
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 ...
2 years of imprisonment; Fine $100,000 (if more than one offence at the same time, 3 years of imprisonment) summary offence; either-way offence District Court: 7 years of imprisonment summary offence; either-way offence Court of First Instance of the High Court: life imprisonment: indictable offence; either-way offence
When an enactment in the United Kingdom creates an offence, it generally specifies what penalties apply on summary conviction or on conviction on indictment.In relation to England and Wales, the first expression refers to a trial in a magistrates' court without a jury before a district judge or a panel of magistrates, while the latter refers to a trial in the Crown Court by jury.
(c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or (d) an offence punishable on summary conviction. (2) Every one who wilfully attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to ...
Summary conviction, convicting an accused without giving him the benefit of a jury trial and/or indictment. Summary court-martial, the lowest in the rank of courts-martial, conducted before one commissioned officer, limited in jurisdiction to offenses of a minor or petty nature of which enlisted men, not commissioned officers, stand accused.