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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).
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.
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed.
A person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence and may be tried (whether or not he is charged as a principal) either by a court having jurisdiction to try that other person or by a court having by virtue of his own offence jurisdiction to try him. [15]
The Act does not apply to summary offences, but section 44(1) of the Magistrates' Courts Act 1980 is to the like effect: A person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence...
The offence is created by section 5 of the Public Order Act 1986. Section 5(1) provides: "(1) A person is guilty of an offence if he/she: (a) uses threatening [or abusive] words or behaviour, or disorderly behaviour, or (b) displays any writing, sign or other visible representation which is threatening [or abusive],
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
In Canada and Ireland, these are known as hybrid offences, whereas in England and Wales, these are known as either way offences, and can only be heard summarily with the defendant's consent and if a magistrates' court finds that matter is suitable for summary trial. In Victoria, Australia, they are called indictable offences triable summarily ...