There are three types of criminal offence which are explained below:
Summary Offence
A Summary Offence is one that is only dealt with by a magistrate in the magistrate’s court and usually covers most Common Offences. Examples of a Summary offence include:
- Disorderly/ offensive behaviour and minor assault.
- Road traffic offences including careless or dangerous driving, and driving under the influence of alcohol or drugs.
- Minor criminal/ property damage.
Minor Indictable Offence
A Minor Indictable Offence is one that is also dealt with in a Magistrates Court, however, the defendant can choose to have the matter dealt with in a higher jurisdiction. If heard in the Magistrates Court the matter is prosecuted by the Police. Examples of this type of offence include:
- Theft, receiving and deception.
- Serious criminal trespass/ property damage.
- Illegal use of a motor vehicle.
- Aggravated burglary, assault causing grievous harm.
- Gross Indecency, Indecent Assault, Stalking.
- Police Obstruction.
Major Indictable Offence
A Major Indictable Offence is a more serious offence that can only be dealt with in the District or Supreme Court and guarantees the defendant a right to a trial by jury. Before a person charged with a major indictable offence goes to trial there is usually a committal hearing conducted to assess if the prosecution’s evidence is strong enough to have a successful conviction. Examples of this type of offence include:
- Blackmail, extortion.
- Drug & alcohol offences.
- Sex offences, child exploitation.
- White collar Fraud & deception.
- Firearms offences.
- Domestic violence.
- Murder, manslaughter.
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