When someone is charged with a criminal offence, it is categorised as either an indictable or simple (summary) offence. Indictable offences are more serious than simple offences and are generally brought before a judge and jury. In certain cases, upon an application by defence or prosecutions the matter may only be tried before a judge.
What are common types of indictable offences?
In Queensland, indictable offences include serious crimes such as:
- Burglary
- Unlawful use of a motor vehicle
- Trafficking or supplying dangerous drugs
- Serious assaults
- Armed robbery
- Murder
What is the difference between indictable and simple offences?
Simple offences (or summary offences) include disorderly behaviour, driving offences, minor drug offences, and trespassing. These, as well as minor indictable offences (see 58A Criminal Code Act 1899) are usually resolved in Magistrates Court. More serious offences may be referred to the Supreme or District Court.
When is an indictable offence heard in Magistrates Court?
All indictable offences begin in Magistrates Court with more serious crimes then taken to a higher court. So, what is an indictable offence that may be resolved in Magistrates Court? Some examples include those related to escaping custody, coercive control, and minor assault charges. This is not an exhaustive list, and it is up to the court to decide whether an offence will be tried by a judge and jury.
When is a case taken to higher court?
There are a few reasons why an indictable offence may be taken to District or Supreme Court. More serious crimes such as armed robbery and murder will be referred to a higher court if the Magistrates Court determines there’s enough evidence. A case may also be taken to higher court if both parties don’t agree to have it heard summarily (this applies to escaping lawful custody and serious assaults).
On the first day in court, which must not be missed, there are two main processes that will happen. If someone pleads guilty to a minor offence, the magistrate will either determine the penalty or set a sentencing date. For certain offences, particularly if they are more serious in nature, the matter must go to the Supreme or District Court for trial or sentence. As mentioned above, this will depend on whether there is enough evidence to go down this path.
Is drink driving an indictable offence?
Drink driving may be considered indictable if it is a serious case. For example, high-range drink driving (blood alcohol concentration of .15% or higher) and repeat drink driving may be charged as an indictable offence. If it has caused injury or death, the matter may also be taken to higher court.
What are the penalties for indictable cases?
The outcome of being charged with an indictable offence will depend on the severity of the case and a range of other factors (see the Penalties and Sentences Act 1992). The more serious cases such as armed robbery and murder often result in a prison sentence while less serious offences may be punishable by a fine. Other details that may impact the severity of the punishment include a history of previous crimes, cooperation with the authorities, and harm caused to a person.
The most recent data from Queensland (2023-24 financial year) shows that most defendants (97%) with charges that had a court judgement received a guilty outcome. While 56% of these received a fine and 13% were sentenced to a median sentence of 10 months in a correctional institution. In cases taken to the higher courts, imprisonment is the most common penalty, which has recently increased 5.9% in Queensland. While 10.3% of adult cases in the Magistrates Court were sentenced to imprisonment.
Due to the severity and complexity of indictable cases, legal representation plays a key role in getting a fair outcome.