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By contrast a summary offence is one that is not defined as triable on indictment (cannot normally be tried in the Crown Court), whereas indictable offence includes an either way offence. In some cases an offence may be triable only summarily because the amount of money at issue is small (section 22 of the Magistrates' Courts Act 1980), or an ...
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).
An either-way offence allows the defendant to elect between trial by jury on indictment in the Crown Court and summary trial in a magistrates' court. However, the election may be overruled by the magistrates' court if the facts suggest that the sentencing powers of a magistrates' court would be inadequate to reflect the seriousness of the offence.
Minor ("summary") criminal cases are heard without a jury in the Magistrates' Courts. Middle-ranking ("triable either way") offences may be tried by magistrates or the defendant may elect trial by jury in the Crown Court. Serious ("indictable-only") offences, however, must be tried before a jury in the Crown Court. Juries sit in few civil cases ...
Trump has spent months attacking the legitimacy of the criminal cases against him — preparing his supporters, in effect, to ignore a guilty verdict. And he has shown, over and over, that ...
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 judgment in the United States applies only in civil cases. It does not apply to criminal cases to obtain a pretrial judgment of conviction or acquittal, in part because a criminal defendant has a constitutional right to a jury trial. [4] Some federal and state-court judges publish general guidelines and sample summary judgment forms.
In the case of either way offences, the decision whether to deal with a case in a magistrates' court or the Crown Court is not made by magistrates until after a plea has been entered. A defendant is thus unable to plead guilty in exchange for having a case dealt with in magistrates' court (which has lesser sentencing powers).