When it comes to criminal law in Western Australia, one of the first distinctions a person might encounter is the difference between summary and indictable criminal charges. These two types of charges are fundamental to understanding the legal process and can have significant implications for the accused. Whether you’ve been charged with a criminal offence or you’re simply seeking to understand the legal landscape, it’s essential to grasp the differences between summary and indictable charges.

At Fraser & Associates Lawyers, we have extensive experience in criminal defence and are committed to helping our clients navigate the complexities of criminal law. In this blog, we will explain what summary and indictable offences are, how they differ, and what the legal processes entail in Western Australia.

What Are Summary Offences?

Summary offences are generally considered less serious criminal charges and are typically dealt with by a Magistrate, in the Magistrates Court. These offences tend to carry less severe penalties and are usually resolved more quickly. However, despite their less severe nature, summary offences can still result in substantial penalties, including fines, community orders, or short-term imprisonment.

Common Summary Offences

Some common examples of summary offences in Western Australia include:

• Drink driving (with a blood alcohol concentration (BAC) under the prescribed limit)
• Public order offences, such as being drunk in a public place or disorderly behaviour
• Minor theft (i.e., stealing small items)
• Possession of prohibited drugs for personal use (in smaller quantities)
• Driving offences, such as unlicensed driving or driving without insurance

These types of offences typically do not involve serious harm to others, and the punishment is often more focused on rehabilitation, fines, or non-custodial sentences.

What Are Indictable Offences?

Indictable offences, on the other hand, are more serious crimes and are typically dealt with by a Judge or Jury in the District Court or Supreme Court. These offences are considered to have more significant consequences for the community, and the penalties associated with them can be much harsher, often resulting in long prison sentences.

For indictable offences, the accused has the right to a trial by jury if they plead not guilty, which is one of the main features distinguishing indictable charges from summary charges. The process for indictable offences tends to be more complicated and involves multiple court appearances, including a committal hearing to decide whether there is enough evidence to proceed to trial.

Common Indictable Offences

Examples of indictable offences include:

• Serious assault or aggravated assault
• Sexual offences, such as sexual assault or child exploitation
• Robbery and armed robbery
• Drug trafficking (distribution or large-scale possession of illicit drugs)
• Homicide, including murder or manslaughter

Indictable offences often carry much heavier penalties, including long-term imprisonment. The courts take a more serious approach to these crimes due to the harm they cause to victims and society at large.

Key Differences Between Summary and Indictable Offences

While both types of offences are part of the criminal justice system in Western Australia, there are several key differences between summary and indictable offences that influence how they are handled in court. Below, we’ve outlined the major distinctions:

1. Severity of the Offence

Summary offences are typically considered less severe than indictable offences. Summary offences usually involve minor crimes or those that are not considered to have caused serious harm. In contrast, indictable offences involve more significant criminal conduct, including serious violence, fraud, or major drug-related activities.

2. Court Jurisdiction

• Summary offences are dealt with in the Magistrates Court, which is a lower-level court.
• Indictable offences are usually dealt with in the District Court or Supreme Court, which have greater authority and can impose harsher penalties.

3. Trial by Jury

For summary offences, the case is heard and decided by a magistrate alone, and there is no jury involved. The magistrate determines the verdict and any sentencing. In contrast, indictable offences provide the accused with the right to a trial by jury (unless the accused pleads guilty), where a jury of peers will hear the case and determine the verdict, with a judge presiding over the proceedings.

4. Court Procedure

The procedure for summary offences is generally faster and less complex. The case is often resolved in one hearing, and sentencing is immediate in many cases. For indictable offences, the process is far more intricate and includes several stages, such as a committal hearing, pre-trial motions, and the trial itself. A significant amount of preparation and legal representation is required due to the complexity of these cases.

5. Maximum Penalties

The penalties for summary offences are usually less severe and may involve fines, community orders, or short-term imprisonment (typically up to 12 months). Indictable offences, on the other hand, carry more substantial penalties, including long prison sentences, significant fines, or both. For the most serious crimes, such as homicide, an individual convicted of an indictable offence could face life imprisonment.

The Legal Process: Summary vs Indictable Offences

Summary Offences Process

1. Arrest or Charge: If you’re charged with a summary offence, you will generally be arrested or issued a summons to appear in the Magistrates Court.
2. First Appearance: The accused will typically appear in court on the first hearing date, where they may enter a plea of guilty or not guilty. If they plead guilty, the case may be resolved quickly, with sentencing taking place in the same court session. If they plead not guilty, the matter is usually set down for a shorter trial before a Magistrate.
3. Sentencing: If found guilty, a summary offence will result in a sentence imposed by the magistrate, which could include a fine, community-based sentence, or a brief prison sentence.

Indictable Offences Process

1. Arrest or Charge: Indictable offences often start with an arrest, after which the accused is brought before a Magistrates Court for a preliminary hearing or committal hearing.
2. Committal Hearing: This hearing determines whether there is sufficient evidence for the case to proceed to trial in a higher court. If there is, the matter will be sent to the District or Supreme Court.
3. Trial and Jury: In the higher court, the case is heard by a judge and jury. The jury will determine whether the accused is guilty or not guilty, and if guilty, the judge will decide the appropriate sentence.
4. Sentencing: If convicted, the penalties for indictable offences can include substantial prison sentences, particularly for serious crimes like assault or homicide.

Conclusion

Understanding the distinction between summary and indictable criminal charges is crucial for anyone involved in criminal matters in Western Australia. Summary offences are typically less serious crimes dealt with in the Magistrates Court, while indictable offences are more severe crimes that often go to trial in the District or Supreme Court, with the accused having the right to a trial by jury.

The difference in severity, court procedures, penalties, and the right to a jury trial highlights the importance of legal representation in criminal matters. Whether you’re facing a minor charge or a serious criminal accusation, having experienced legal counsel is vital to ensuring that your rights are protected and that the best possible outcome is achieved.

If you or someone you know is facing criminal charges in Western Australia, Fraser & Associates Lawyers are here to help. Our team is experienced in handling both summary and indictable offences and can provide you with the defence advice and guidance you need. Contact us today for a consultation.