An indictable offence is an offence that is more serious than a summary offence and you may be best served with quality legal representation such as Vanessa Ash.  This means it has a maximum penalty of over two  years in prison or over 240 penalty units in its fine (unless otherwise prescribed).

     Jury or Magistrate’s Court?
If you are facing an indictment, you have the right to be heard in front of a jury. This isn’t always the first port of call, since you can allow the matter to be heard in a Magistrate’s Court – much less expensive and definitely faster. (Read more about the different courts here.)

There are, however, some disadvantages to the Magistrate’s Court, with the main one being there is just the Magistrate to judge you there, whereas with a jury, there are many people deciding if you are guilty as charged. What you decide to do here (if you get the option) should be carefully examined by Vanessa Ash to figure out the best possible route forward.

There are advantages and disadvantages to each choice, and these need to be pitted against one another with a keen eye.

     What indictable charges can be heard in the Magistrate’s Court?
If your charge has a maximum penalty of less than a decade (10 years), then it can be heard at the Magistrate’s Court if you approve and the Magistrate agrees. Anything over 10 years’ penalty has special rules, and some of these offences can appear before a Magistrate. You can check these  in the Criminal Procedure Act 2009.

     Can my court change?
If your case starts off in the County or Supreme Court, it can be moved to a Magistrate’s Court after a Committal Mention or Committal Hearing – this means that your charges have been reduced to ones that fit into the Magistrate’s Court, and are no longer applicable in the higher Courts. Vanessa Ash can apply to have the offence/s be heard in the summary court, and the court will then consider it.

     What do courts consider?
Seriousness of charges is key, so it takes into account the nature of the offence, the manner in which it was committed, the degree of organisation, any aggravating circumstances, whether the offence was part of a series of offences, and how complex the charges are.

There are some considerations of whether other people were involved and charged, the individual’s previous criminal record, sentencing that is available to each court separately, and anything else that seems relevant. Vanessa Ash and you, and the court, must all agree to these circumstances  before you can have your Court changed.

Indictable offences are more serious by nature and you need skilled legal representation.

Write your own story. Call Vanessa Ash and Associates today.