WHAT ARE SUMMARY OFFENCES?
Summary offences are criminal offences that are normally heard before a magistrate in the Local Court.
Typically, summary offences are considered less objectively serious than indictable offences and as a general rule carry a maximum sentence of two years’ imprisonment.
In order to determine whether an offence is a ‘summary offence’ reference needs to be made to the statutory legislation that creates the offence (‘the source’) and the Criminal Procedure Act 1986 (NSW).
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