What Are Indictable Offences Dealt With Summarily?
Indictable offences are typically more serious criminal charges that are usually heard in higher courts, such as the District or Supreme Court. However, certain indictable offences can be heard in the Local Court if:
- The offence falls below a prescribed threshold for seriousness.
- Both the prosecution and defence agree to have the matter dealt with summarily.
This process is faster and less formal than a trial in a higher court, and penalties imposed in the Local Court are generally less severe.
Examples of Indictable Offences Dealt With Summarily:
- Drug Offences
- Possession of a trafficable quantity of prohibited substances (below a certain amount).
- Small-scale drug supply cases.
- Fraud and Dishonesty Offences
- Obtaining property by deception (e.g., credit card fraud).
- Minor embezzlement or forgery cases.
- Assaults Causing Actual Bodily Harm (ABH)
- Assaults involving injuries that are not life-threatening.
- Property Offences
- Break and enter with minor property damage.
- Other Indictable Offences Eligible for Summary Disposal
- Certain firearm or weapon offences.
- Threats or intimidation not involving grievous bodily harm.
Key Benefits of Having an Indictable Offence Dealt With Summarily:
- Faster Resolution: Cases are typically resolved much quicker in the Local Court compared to higher courts.
- Lower Maximum Penalties: The Local Court has limited sentencing powers, so penalties are capped at:
- 2 years imprisonment per offence, or
- 5 years imprisonment in total for multiple offences heard together.
- Cost-Effective: Legal and court costs are generally lower compared to District or Supreme Court trials.
How Are These Offences Processed?
- Prosecuted by Police or DPP: While most are handled by the police, some serious cases are prosecuted by the Director of Public Prosecutions (DPP).
- Decision by the Magistrate: The magistrate decides guilt or innocence and imposes the penalty, without the need for a jury.
- Jurisdictional Limits: The magistrate assesses whether the offence is suitable to remain in the Local Court or should be referred to a higher court.
Why Legal Representation Matters
Indictable offences, even if dealt with summarily, carry serious consequences, including the possibility of imprisonment and a criminal record. Having an experienced lawyer ensures:
- A strategic defence is presented.
- Unnecessary escalation to higher courts is avoided.
- You achieve the best possible outcome in your case.
Facing an Indictable Offence in the Local Court?
At Coastal Lawyers, our team has extensive experience in defending clients charged with indictable offences in Local Courts across NSW. As former prosecutors and police officers, we know how to navigate the system to protect your rights.ession with us today for expert guidance and support.
Written by Coastal Lawyers- Central Coast Criminal Lawyers
Coastal Lawyers are Central Coast Criminal Lawyers located on the Central Coast at Erina.
Coastal Lawyers represent criminal law clients in all areas of criminal law, traffic law and apprehended and domestic violence (ADVO) and private personal violence orders (APVOs).
Founded by a former prosecutor and former police officer, with over 20 years combined experience we are experienced and confident advocates regularly appearing before the Local Court, District Court and Supreme Courts of New South Wales.
Coastal Lawyers appears at the Wyong Local Court, Gosford Local Court and the Gosford District Court as well as Supreme Court bail applications as required.
If you have been charged by police with a criminal offence then early legal advice is often crucial to the success of your case. Book in a 1 hour Strategy Session today.