Summary offences: What are they?

Definition of Summary Offences

Summary offences are less serious crimes. It is a criminal offence heard by a magistrate and decided in a Magistrates Court and not sent for trial before a judge and jury. They are crimes that are less serious than indictable offences and whose penalties imposed are not as great as the latter.

Section 3 of the Criminal Procedure Act 1986 (NSW) simply defines a summary offence as an "offence that is not an indictable offence". A summary offence is a minor criminal offence that the local courts deals with 'summarily'.

They are generally punishable and dealt with a maximum penalty of two years' imprisonment. These types of charges commonly include drink driving and use of offensive language.