Summary and Indictable Offence Flashcards
(2 cards)
what are indictable offences
an indictable offence is one that society considers to be serious (e.g. murder or sexual assault) They are brought on a charge called an ‘indictment’ (a written legal document listing the charges applied) and charged by a judge and jury (not guilty plea) or sentenced by a judge (guilty plea)
since it is more serious there are more steps to deal with them, requiring a committal hearing in the local court to be held to ensure that there is sufficient evidence from the prosecution to warrant a trial.
what are summary offences
a summary offence is a less serious charge (e.g. shoplifting or drunk driving), heard and sentenced by a magistrate in a local court without a jury and warranting less severe penalties such as fines.
They are brought on a charge called a ‘summons’ (a written order for a person to appear in court for a particular reason), and can carry penalties of no greater than two years in prison