When a person is charged with a summary offence, the case is heard in the Magistrates’ Court by a magistrate, rather than with a judge and jury. The case can go to court without the person accused of the offence being present.
Indictable offences
Indictable offences are more serious offences.
Examples include:
- aggravated burglary
- indecent assault
- drug trafficking offences
- manslaughter
- murder.
When a person is charged with an indictable offence:
- they must be present at hearings in the court
- the first hearing (called a committal hearing) is usually heard in the Magistrates’ Court.
During the committal hearing it will be decided whether the case will be heard in the Magistrates’ Court or be sent to the County or Supreme Court. You can find out more about the different courts in Victoria.