Indictable Offences

Lamont Law are experienced with Indictable Offences and can advise accordingly.

Indictable offences are the most serious offences so seek legal advise now by calling us anytime on 1300 365 075 to book a free initial consultation.

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Frequently Asked Questions

What is an Indictable Offence?
Indictable Offences are offences where the accused has the right to have the matter heard before a Judge and jury in a higher court (usually the District Court or the Supreme Court).

Indictable offences in New South Wales are governed by the Crimes Act 1900. The procedures for dealing with indictable offences are set out in the Crimes (Sentencing Procedure) Act 1999.

An indictment is the formal document filed by the prosecution to begin a “trial on indictment.” The document:

Describes the charges faced by the accused, and

Initiates the criminal proceedings.

Indictable offences are the most serious offences. Examples include murder, robbery, and sexual assault.
In which court are indictable offences dealt?
Indictable offences are generally dealt with before a judge and jury in the District or Supreme Court, and prosecuted by the Department of Public Prosecutions.

Some indictable offences can be dealt with either summarily (in the Local Court) or on indictment (in the Supreme Court or District Court).

Other offences, such as murder and sexual assault, may only be dealt with on indictment. If the circumstances are very serious it will be dealt with in a higher court.
What are the penalties for an offence heard on indictment?

Penalties for an offence heard on indictment are more severe than those imposed in the Local Court and can exceed two years imprisonment.

Summary offences are less serious criminal offences. Summary offences are the most common types of criminal matters and are dealt with in the Local Court by magistrates, and prosecuted by a police prosecutor.

Common examples include drink driving, indecent exposure, and offensive language.

The maximum penalty for a summary offence heard in the Local Court is two years imprisonment.

Some indictable offences that are considered minor and can be treated as summary offences include:

Assault occasioning actual bodily harm

Indecent assault

Malicious damage

Driving a motor vehicle without the consent of the owner

Receiving stolen goods

Stealing goods