Summary Offences

If you are facing criminal charges or even serious traffic charges, speak to us as soon as possible so that we can advice you and adequately prepare you for the range of legal matters that you will need to consider.

We are ready and able to provide advice, appear and also brief experienced Expert Counsel on an urgent bass to attend in order to best defend, safeguard and advance the rights and interests of our clients.

What is a summary offence?

Summary Offences are commonly known as ‘street offences’ and include offences such as offensive behaviour, indecent language, wilful damage and general minor offences. A summary offence is an offence that has a maximum penalty of 2 years gaol or a fine not exceeding 240 penalty units unless otherwise prescribed in the relevant legislation. A Penalty Unit at the time of writing this article is $158.57.

Most Summary Offences can be found in the Summary Offences Act 1966 and others in the Road Safety Act 1986.

Unlike Indictable Offences, which are usually heard in the County and Supreme Courts (although some can be heard in the Magistrates’ Court), summary offences are treated differently under the law. Indictable Offences are more serious than Summary Offences but some can be heard in the Magistrates Court depending on a number of proviso’s (described on the Indictable Offences page of this site).

Wilful Damge

There is a requirement at law that Summary Offences can only be heard in the Magistrates’ Court and so cannot be heard before a jury however, there is provision under the Criminal Procedure Act 2009 (CPA) Sections 242 and 243 that provide for summary offences being heard with other indictable offences in the County Court and Supreme Court. In short, although summary offences are less serious charges than indictable charges, pleading guilty can still have serious ramifications for your future, your finances and your criminal record.

Contact us today

If you are facing summary offences, criminal charges or even serious traffic charges, speak to us as soon as possible so that we can advice you and adequately prepare you for the range of legal matters that you will need to consider.

We are ready and able to provide advice, appear and also brief experienced Expert Counsel on an urgent basis to attend in order to best defend, safeguard and advance the rights and interests of our clients.