INDICTABLE OFFENSE

indictable offence

What is a summary/indictable/strictly indictable offence, and what does this mean for where your case will be heard?

If you have ever been summoned for a criminal charge, it is likely that you have seen the words summary or indictable on your court attendance notice (often abbreviated to “CAN”). Whether your offence is labelled a summary offence or indictable offence will determine factors such as:

 

  • How long your case will take to finalise;
  • Which court your case will be heard in; and
  • What possible penalties may be handed out.


An indictment is a court attendance notice. It originates the criminal charge and requires you to attend court. An indictment summons you for a more serious criminal charge.


An indictable offence is more serious than a summary offence, so it carries much higher penalties. A significant number of indictable offences can be heard in the Local Court summarily on election of the police or accused person. There are however certain criminal charges labelled “strictly indictable offences” which can only be dealt with in the District Court. Examples of indictable offences are homicide, assault and robbery.


A summary offence is simply “not an indictable offence”. Charges are heard summarily when they are before a Magistrate in the Local Court. These matters generally carry a maximum penalty of no more than 2 years gaol. However, depending on the severity of the charge, the police may elect for a charge to be heard in the District Court. This elevates penalties available to be imposed for the offence. Examples of summary offences are traffic offences or offensive conduct.


If you have been summoned to court, contact our expert criminal team in Sydney or Melbourne.

Proud to be different

We are proud to be different. That’s what makes Banga Legal the very best legal advisors for your matter. We don’t celebrate old school ‘pomp’ or excessive layers of admin and corporate structure. We celebrate great outcomes, high level customer service and happy clients. That’s what is important to us.

Proud to be small

Proudly small and with the benefits of an agile lean firm, Banga Legal is big enough to deliver. Our team is constantly expanding and we are on the look out for the next real world court advocate.

Proud to be collaborative

We work alongside a number of affiliates who collectively enable us to deliver the very best and most affordable services for your unique requirements. Our affiliates are both legal and non-legal. They come from different industries, different walks of life and help us deliver on that renowned standard of service.

How we work

Four Steps To Your Success

Banga Legal provides you the confidence of knowing that your guidance comes from the very best Sydney and Melbourne Lawyer. 

01

Speak To Us

Chat to us about how we can assist with your legal dilemmas. We pick up where the others cannot.

Outcome

We will discuss your desired outcome and formulate the best way in helping acheieve the set goals.

02

03

Implementation

This is where we will put the strategy in motion. Act on the formula and drive your matter to success, using both litigation and out of court alternatives were applicable.

Success

When you walk away knowing that you obtained the best possible outcome for your case.

04