A person charged with an indictable charge has a right to have the matter heard before a Judge either in the County Court or Supreme Court, but can consent to these matters being heard in the Magistrates Court. This is usually where most of these types of offences are heard as it is far more cost effective and are heard by Magistrate sitting alone.
In deciding whether to have the indictable charges heard in the Magistrates Court or to have them heard at a higher Court is an important consideration and you require specialist legal advice from Velos & Velos Lawyers, as well as Expert Criminal Barristers who are able to advise the advantages and disadvantages in each case having unique circumstances.
There are many indictable charges that can be heard summarily. These types of indictable offences referred to above may not necessarily need to be dealt with in the County or Supreme Courts, as there is provision to be dealt with in the Magistrates Court. However, indictable charges that have a maximum penalty of ten (10) years or less can be heard in the Magistrates Court with the consent of the Defendant and the willingness of the Magistrate to deal with the charges and even more serious charges may be dealt within the Magistrates Court under certain circumstances.
Indictable Charges – More Serious
However, there are some charges that may start in indictable stream, but can only be dealt with in the Cunty Court and Supreme Court and usually proceed by way of Committal Mention or Committal Hearing, but may be able to be reduced once they may be able to be dealt with in the Magistrates Court and this is where you need Expert legal advice from Velos & Velos Lawyers and specialist Barristers to deal with your indictable charges in the best possible manner, depending on the seriousness of the offence, the nature of the offence, the consent of the accused to a Summary Hearing and other factors to be taken into account by the Magistrate.
Examples of indictable offences:
- Aggravated burglary
- Drug offences
- Theft and receiving stolen goods (loss between $2,501.00 to $30,000.00 in total)
- Serious traffic matters
- Aggravated assault causing harm
- Illegal use and interference of motor vehicle
- Serious criminal trespass