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Crime – frequently asked questions
What should I do if I’ve been charged with an offence?
What is the difference between an ‘indictable’ offence and a ‘summary’ offence?
Will I get a criminal record?
What should I do if I’ve been charged with an offence?
Get legal advice soon as possible – don’t leave it till the last minute.
No matter how small the charge may seem, treat it seriously. You may get a criminal record if you’re found guilty.
Legal advice will help you decide if you need a lawyer to speak for you in court or if you are better off representing yourself.
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What is the difference between an ‘indictable’ offence and a ‘summary’ offence?
The ‘charge sheet’ listing your offence/s tells you whether you’ve been charged with a summary offence or an indictable offence.
Summary offences are dealt with by a judge in the Magistrates’ Court. They include less serious offences, such as traffic violations.
Indictable offences are more serious. They can be heard in a higher court (the County Court or Supreme Court) by a judge and jury.
Most indictable offences are ‘triable summarily’, which means they can be heard in the Magistrates’ Court instead of by a judge and jury. Get advice from a lawyer about this.
Will I get a criminal record?
A criminal record is a police record of your history of criminal offences. If you are convicted of an offence by a magistrate you will get a criminal record.
Sometimes a magistrate will decide to give you a penalty ‘without conviction’. The magistrate is most likely to do this for a first offence that is not too serious.
Getting a penalty without conviction means you can say no if you are asked whether you have a criminal conviction (such as when you apply for a job or a visa). However, the finding of guilt is still kept on police and court records and can be brought up if you’re charged with another offence.