In Australia, crimes are distinguished from each other and tried using different processes based on these differences. This method is based on the gravity of the crime, and it helps the judiciary to impose penalties based on the gravity of the criminal offense.

In the United States for instance, crimes are divided into felonies and misdemeanors; felonies define serious crimes with serious penalties, while misdemeanors define crimes lesser than felonies with lesser penalties. The justice system in Australia works on a similar system, but the official designations of these crimes are different.

Differences Between Summary And Indictable Offences

In Australia, crimes are distinguished from each other and tried using different processes based on these differences. This method is based on the gravity of the crime, and it helps the judiciary to impose penalties based on the gravity of the criminal offense.

In the United States for instance, crimes are divided into felonies and misdemeanours; felonies define serious crimes with serious penalties, while misdemeanours define crimes lesser than felonies with lesser penalties. The justice system in Australia works on a similar system, but the official designations of these crimes are different.

In Australia, crime is fundamentally divided into two classes. These two classes are labeled indictable offenses and summary offenses. A lot of factors in the justice system are dependent on this system; there are certain rules that guide the court proceedings in every ruling, and these are subject to different impositions based on whether they are summary or indictable offenses.

Some of these factors include the maximum severity of the penalty if the accused is found guilty, the time that should be taken to ascertain guilt or innocence, the right of the police to make a prosecution for an offense committed more than six months ago, etc

To understand what an indictable offense is, we would have to understand what an indictment is.

An indictment is a formal accusation of wrongdoing, which basically outlines the charges leveled against the accused and demands that one appears in court to defend against said charges. The indictment, more or less, marks the official start of a court ruling.

Indictable offenses

Indictable offenses are the more serious offenses in Australian law. These are offenses that are ruled with a court attendance notice to start the prosecution. They are usually tried at the District of supreme court level, (this, more than anything, implies the gravity through which these crimes are seen through the eyes of the law). However, it is not uncommon to see indictable crimes being tried summarily at the local court level.

In this case, the accusations can be dealt with faster, and ruled over with less formality than in a higher court. The maximum severity of the punishment also reduces (These types of offenses carry maximum punishments of anywhere between two years to life in prison).

It is worthy of note that the severity of the crime matters a lot in this, and that the reason why the maximum punishment is reduced is because the magistrates are limited in their power to impose punishments on defendants; they are not able to give sentences of more than two years. Indictable offenses that are tried summarily are mostly done that way because either the prosecution or the defense requests it.

Like all things, there is a hierarchy to it. Indictable offenses vary by how serious they are too. Some of these crimes can not be tried summarily, no matter who requests it to be. They must be presided over at the District court, must follow the normal proceedings of indictable offense trials, and must carry the punishments stipulated for indictable offenses should the accused be found guilty.

At this stage, judges are able to give defendants the maximum punishment the crime requires. A few indictable offences include robbery, illegal possession of firearms, murder, sexual assault, grand larceny, drug trafficking, aggravated assault, etc.

Summary offenses

These are offenses of a lesser gravity than Indictable offenses. These crimes are dealt with less formality, and faster, with a lesser maximum punishment than those for indictable offenses. They are also tried in local courts under the jurisdiction of a Magistrate.

In relation to the punishments imposed on Indictable offenses, summary offenses draw a maximum punishment of 2 years in prison. Summary offenses include traffic offenses, vandalism, indecent exposure, minor assault, etc. As you can see, these are basically crimes that do not warrant severe punishment, but require corrective measures and deterrence.

Major differences between Indictable and summary offenses

Considering the fact that some indictable offenses can be tried summarily, it is understood that to the general public, there might be some confusion as to which is which.

Subjective value systems also play a part; for instance, some people see drunk driving as a more serious offense than larceny or intimidation. However, the law seeks to provide an objective stance on the severity of crimes and therefore the method of separation is more or less set in stone.

Listed below are the major differences between summary and Indictable offenses:

• Indictable offenses are of a more serious nature than summary offenses. They usually are characterized by intentional harm done by the accused to other entities.
• Summary offenses committed more than six months from the time of indictment cannot be tried. For Indictable offenses, charges can be leveled any time, and would be tried fully no matter how long ago they were committed.
• The maximum punishment for Indictable offenses is far longer than those for summary offenses. Summary offenses have a restriction of no more than two years in prison (the same amount of time a magistrate is limited to give). This limit is imposed by the Criminal Procedure act of 1986, section 267 and 268. The maximum time for indictable offenses are liable to be far more than 2 years.

• Summary offenses are to be tried in local courts, while Indictable offenses are to be tried in district courts.
• Judgments in the district courts take far longer to settle than those in local courts.

Conclusion

With these in mind, you can now understand the differences between summary and Indictable offenses. Having a knowledge of these things is important for even upstanding citizens, considering the fact that sometimes innocent people get indicted. This would help prepare a defense strategy with your attorney.

If you ever find yourself at the wrong end of the judiciary, you would need a competent criminal lawyer to defend you. It is important that you look into the wide assortment of worthy criminal lawyers Brisbane has. There are various reasons why you would pick Howden Saggers lawyers to defend you, the most important being that you can be certain of your freedom.