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Old 28th Jan 2003, 07:36
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Blue Hauler
 
Join Date: Oct 1999
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Axiom,

Just to clarify,

Summary Offences are offences against various Acts and Regulations that may be dealt with by two Justices in Petty Sessions or a Magistrate. In contrast, Indictable Offences are usually remanded to a District or Supreme Court and heard before a jury. In some instances the offender may be able to opt for summary jurisdiction and cop out with a much lesser penalty. Offences against the CARs would be dealt with summarily. Offences against the CAA would be for the ‘high jump’. Mind you indictable offences are still heard before a Magistrate to determine if a case exists. If the Magistrate is so satisfied it is then remanded to the higher court for hearing. That is usually associated with a price rise when the solicitor passes you to a barrister!

Not sure about NSW ‘Summary Offences’ but suspect that may have been the Police Offences Act or something similar. Queensland had the Vagrants, Gaming and Other Offences Acts that contained many simple offences that were dealt with summarily. These included begging alms, soliciting, obscene language and so forth. Many offenders under that act could also be dealt with under other Acts or the Criminal Code. As recent as the 1960’s it was an offence against the Vag. Act to be found at night with face blackened and wearing ‘indian rubber shoes’! Or found in possession of ‘picklock keys’ or ‘silent matches’. The Vag. Act was abolished in Queensland and I guess most other states did the same and replaced by more updated Acts. But summary offences still exist.

Haven't had to work through such law for nearly twenty years but always found it interesting.
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