Criminal offences be split up into two categories; summary or indictable offences. The procedures vary correspond to the category of offence being prosecuted. Summary offences are comparatively minor; offensive behaviour, most traffic offences and drink driving. in that respect is no jury trial as summary offences are dealt with by a magistrate in the topical anaesthetic Court. Penalties range from a bond to a maximum gaol sentence of 3 years.
A prosecution for a summary offence must(prenominal) generally commence within 6 months. There are also indictable offences that a magistrate can deal with summarily, with the take of the accused individual. Examples of summary-indictable offences are break-and-enter, steal, motor vehicle theft and venomed wounding.
Indictable offences are the more serious crimes such as murder, armed robbery, sexual assault, drug trafficking and arson. These offences are tried by a judge and jury in District or Supreme Courts. A preliminary (committal) hearing is held in Local Court before a magistrate to determine whether there is ample evidence for a prima facie case. The prosecution is required to release evidence and witnesses.
The process of criminal prosecution begins when a just aboutone (usually a police officer) lays information before a address or a justice of the peace.
In a cock-a-hoop number of very minor offences (such as parking or speeding offences) the first step is the infringement notice. A person may receive a summons, an order to attend court, specifying the allege offence. It may be served in person or by means of the mail. An alleged offender may be arrested, charged and fingerprinted. They may be released on bail or kept in custody if there is doubt whether they will appear in court.
Alleged offenders can also be notified by a Court Attendance Notice. If a person fails to attend court, some matters can be dealt with in their absence or a warrant of arrest can be issued.
In a summary trial in Local or Childrens...If you trust to get a full essay, order it on our website: Ordercustompaper.com
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