Canberra · How the ACT courts work
Indictable vs summary offences in the ACT.
Whether an offence is summary or indictable decides which court can hear it, the maximum penalty in play, and how the matter runs. In the ACT the line is drawn by the maximum penalty.
- SummaryMagistrates CourtLess serious offences
- IndictableCan reach Supreme CourtMore serious offences
- The lineMore than 2 yearsIndictable unless declared otherwise
- OverlapSome heard either wayBy election or consent
How the ACT draws the line.
Under the Legislation Act 2001 (ACT), an offence is indictable if it is punishable by imprisonment for more than two years, unless the law that creates it says otherwise. Everything else is a summary offence. Summary offences are heard and finalised by a magistrate. Indictable offences can, depending on their seriousness, be tried in the Supreme Court.
The distinction is not just a label. It decides the court, the maximum penalty available, whether there can be a jury, and the procedure that applies.
Indictable offences dealt with in the Magistrates Court.
Not every indictable offence is tried in the Supreme Court. The ACT allows many indictable matters to be dealt with summarily, which caps the penalty. Under s 374 of the Crimes Act 1900 (ACT) the prosecutor can elect summary disposal for offences carrying more than two but not more than five years. Under s 375 the Magistrates Court can, by consent, deal summarily with common-law offences and indictable offences carrying up to ten years, or up to fourteen years for money or property offences under a value limit, plus some specified Criminal Code 2002 (ACT) offences such as aggravated robbery and aggravated burglary.
Where the Magistrates Court deals with an indictable matter summarily, its sentencing powers are capped well below the maximum for the offence. That is why the decision to consent, or to elect a matter up or keep it down, is a strategic one.
Strictly indictable offences.
The most serious offences are strictly indictable and must be tried in the Supreme Court. Murder, manslaughter, serious sexual offences and serious drug offences fall into this group. They cannot be finalised in the Magistrates Court, though they start there and pass through a committal.
Frequently asked.
What is the difference between a summary and an indictable offence in the ACT?
A summary offence is less serious and is heard and finalised by a magistrate. An indictable offence is more serious and can be tried in the Supreme Court. In the ACT an offence is indictable if it carries more than two years imprisonment, unless the law says otherwise.
Can an indictable offence be heard in the ACT Magistrates Court?
Often, yes. The prosecutor can elect summary disposal for offences carrying more than two but not more than five years, and the Magistrates Court can deal with many indictable offences summarily by consent where they carry up to ten years, or up to fourteen for money or property offences. Doing so caps the penalty.
Which offences must go to the ACT Supreme Court?
Strictly indictable offences such as murder, manslaughter, serious sexual offences and serious drug offences. They start in the Magistrates Court and are committed to the Supreme Court for trial.
Why does the summary or indictable question matter to me?
It sets the court, the maximum penalty, whether a jury is possible, and the procedure. Keeping an eligible matter in the Magistrates Court can significantly reduce the sentencing exposure.
Charged in the ACT, or facing a Supreme Court trial?
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