The Difference Between Summary and Indictable Offences in WA
Criminal offences in Western Australia are commonly classified as either summary (or ‘simple’) offences or indictable offences. While the distinction may sound technical, it can have a significant impact on how a criminal case proceeds. The classification can determine which court hears the matter, whether a jury is involved, the procedures that apply and the maximum penalties available. We speak with experienced Perth criminal lawyer Andrew Williams about the differences between summary and indictable offences, how some charges can be dealt with in either court and what these distinctions mean for people facing criminal proceedings in Western Australia. “The classification of an offence is about more than how serious the charge sounds,” Williams explains. “It can affect everything from which court hears the case to the procedures involved and the penalties that may ultimately be imposed.” What Is a Summary or Simple Offence? A summary or ‘simple’ offence is defined under section 3 of the Criminal Procedure Act 2004 (WA) as an offence that is not an indictable offence. Summary offences are generally less serious criminal offences and are ordinarily prosecuted and determined in the Magistrates Court. Common examples include certain public order offences, minor property offences and traffic offences. However, the precise classification and penalties depend on the legislation creating the particular offence. Unlike indictable trials in higher courts, summary hearings do not involve a jury. Instead, a magistrate considers the evidence and legal submissions before determining whether the prosecution has proved the charge beyond reasonable doubt. Although summary offences are generally considered less serious, the potential consequences should not be underestimated. Depending on the offence, penalties can include fines, imprisonment, licence disqualification and a criminal conviction that may affect future employment or other opportunities. “People sometimes assume that because a charge is being dealt with in the Magistrates Court, it isn’t particularly serious,” Williams says. “But even a simple offence can carry significant penalties, including imprisonment in some cases.” What Is an Indictable Offence? Under section 3 of the Criminal Procedure Act 2004 (WA), an indictable offence is a crime or another offence that legislation identifies as indictable, even where it may also be capable of being dealt with summarily. Indictable offences generally involve more serious criminal conduct. Examples include murder, robbery, serious sexual offences and other offences carrying substantial maximum penalties. These matters ordinarily begin in the Magistrates Court, where preliminary procedures and committal proceedings take place. Unless the offence is dealt with summarily, the matter will proceed on indictment in a higher court, either the District Court or Supreme Court. Where an accused person pleads not guilty, an indictable trial will ordinarily be heard before a judge and jury. However, section 118 of the Criminal Procedure Act 2004 (WA) allows an application for a judge-alone trial. The court may permit this where it considers that doing so is in the interests of justice. The higher court process is generally more complex than a summary hearing, often involving additional pre-trial procedures, formal disclosure requirements and a longer period before the matter reaches trial.…
