Definition of 'summary jurisdiction'
Summary jurisdiction in british english.
Examples of 'summary jurisdiction' in a sentence summary jurisdiction
Trends of summary jurisdiction.
View usage for: All Years Last 10 years Last 50 years Last 100 years Last 300 years
Browse alphabetically summary jurisdiction
- summary dismissal
- summary judgement
- summary judgment
- summary jurisdiction
- summary offence
- summary proceeding
- summary report
- All ENGLISH words that begin with 'S'
Quick word challenge
Score: 0 / 5
- +61 3 8644 7320
- Phone 7am to 12 Midnight - 7 days
- Make a Booking
- Phone 7am to 12am - 7 days
- Phone 7am to Midnight - 7 days
Application for Summary Jurisdiction
What is a summary jurisdiction application.
A Summary jurisdiction application become relevant in two scenarios: when matters are listed in the committal stream but are capable of being heard in the summary stream or when very serious matters are listed in the summary stream but the prosecution or the Magistrate agree that the matter should be heard in the indictable/committal stream .
The first scenario relates to the informant (police officer that initiates the charges) listing the charges as a filing hearing , but per either schedule 2 of the Criminal Procedure Act (CPA) or section 28 of the CPA , the charges are also capable being heard in the summary stream. In this situation, if instructed to do so, the defence can make an application to the Court called a summary jurisdiction application. These applications usually occur in the committal mention court.
The second scenario relates to charges listed in the summary jurisdiction whereby the prosecution or Magistrate agree that the charges should join the indictable stream. In these circumstances the same test applies, but it is a prosecution application to uplift or a motion made by the Magistrate. In these circumstances, we are often instructed to resist the matter being raised to the indictable/committal stream.
The relevant section in relation to both scenarios is section 28 of the Criminal Procedure Act (CPA) read in conjunction with section 29, which states that a charge can be heard in the summary jurisdiction if it is listed in schedule 2 of the CPA or is punishable by a term of imprisonment not exceeding a 10-year maximum or 1200 penalty units .
Should my lawyer make a summary jurisdiction application?
There are pros and cons to proceeding in both the summary and indictable stream.
The major pros of a matter being heard in the indictable stream is that a not guilty plea will eventually be decided by a jury. The advantage here is that 12 members of the community must make the decision in unison as opposed to one Judge. It also means all extraneous evidence deemed not admissible by the Judge is never heard by the jury, as opposed to the application to exclude the evidence going before the same person that is adjudicating on the facts.
For these reasons, the accused will often be far better off having a matter decided by a jury as opposed to a single Judge. However, this is not always the case, particularly in relation to highly-publicised cases where there is potential for the jurors to become influenced by facts recklessly reported in the media.
The major con related to a jury trial is that it is very expensive, far more expensive than having a matter heard in the summary jurisdiction. The other con is that, unlike a summary hearing, it is very difficult to appeal a decision that has been decided by a jury. In Victoria, there is currently a right to a De Novo appeal in relation to any matter initially run in the summary jurisdiction. This effectively means that an accused person, if found guilty in the Magistrates’ Court following a hearing of the evidence, has an automatic right to run the matter again in the County Court. It should be noted that De Novo Appeals are to be phased out with the introduction of The Justice Legislation Amendment (Criminal Appeals) Act 2019 which will come into effect on 3 July 2021. Although this act will abolish the right for a De Novo appeal, it will still provide an avenue to have the evidence considered a second time. However, there will not be an automatic right to cross-examine witnesses a second time.
Whether the above considerations apply to your case can only be determined by an experienced criminal lawyer. At Dribbin & Brown Criminal Lawyers we deal with summary jurisdiction applications all the time. For more information on how the above information might apply to you, call our office to make an appointment with one of our criminal lawyers today.
Asset confiscation, bail application, breach offences, centrelink fraud, children’s court, computer offences, council charges, drink driving, driving offences, drug offences, family violence, firearm offences, fraud offences, infringement warrants, intervention orders, murder trials, perjury charges, pervert the course of justice, royal commission, rspca offences, sex offences, traffic offences, white collar crime, latest case studies, breach intervention order ringwood, breach of sex offenders registration obligations melbourne, cco result for drug trafficking victoria, cultivate cannabis charges, diversion for careless driving, diversion for family violence, diversion for stalking and trespass, diversion for unlawful assault, intentionally cause injury dandenong, personal safety application victoria, recklessly causing injury – dandenong, section 123 of the family violence protection act 2008, sexual assault charges victoria, threat to kill; intentionally causing injury, trafficking drug of dependence ecstasy.
- Law Institute Accredited Specialist Criminal Lawyers
- Legal Aid enquiries welcome
- Over 100 years firm experience practising as traffic lawyers and criminal defence lawyers
What Our Clients Say
Yvonne and Peter Braithwaite Thanks for your excellent work for Yvonne last Friday. Your courtesy, empathy and professionalism was greatly appreciated. All the best for the future.
Grant B I phoned Michael Brown of Dribbin and Brown after total disappointment in another criminal lawyer firm... In my situation that required communication, information and a great deal of understanding,...
Helen and Lingbo Yang Thank you for your support and help of Lingbo’s case for these days and everything is going smoothly. The outcome is better than we expected because of your rich...
Ross M Dear Dave, Just a follow up thanks for your professional service & presentation yesterday – very happy with the outcome and the comments from the Magistrate. Thanks again, and...
Adrian W A big thank you Dave. You made it seamless. You are a quality egg and hopefully I'll see you again under different circumstances. All the best!
Haley M We cannot thank you enough, it still doesn't feel real to us yet as it has caused a lot of strain and stress over a very long period of...
Michael S Dear Rebeca, Thank you again for your support and guidance over the past six months, it is my belief that Dribbin and Brown went far beyond there charter when...
Russell P Dear David and Team I would like to “Thank You” for a job well done. The result, from the trial was truly amazing. I very much appreciated your courtesy, professionalism...
Sam B Thank you for your outstanding service.... A great result for us...
Maria Many thanks for the wonderful support I received from David Dribbin as he represented me in court today. It was an extremely emotional experience for me and without judgement...
… Mike! Jacqui was great! Re my drive whist suspended charge, I held my license with a small fine to be payed in 4 months! Can't thank you enough! Thanks for...
Need help? Call our 7am to Midnight Phone Service on +61 03 8644 7320
© 2023 Dribbin & Brown
Melbourne – 03 8644 7320 13/200 Queen St Melbourne Vic 3000
Frankston – 03 8644 7322 8/395-399 Nepean Hwy Frankston VIC, 3199
Ballarat – 03 8644 7310 Eureka House 11 Lydiard Street South Ballarat VIC, 3350
Dandenong – 03 8644 7315 1a/147 Foster St Dandenong, VIC, 3175
Moorabbin – 03 8644 7328 Level 1, 441 South Rd Moorabbin, Vic, 3189
Geelong – 03 8644 7300 2/13 Fenwick Street Geelong Vic 3220
Ringwood – 03 8644 7325 7/2 Nelson St Ringwood VIC 3134
Werribee – 03 9116 9595 9/7 Bridge Street Werribee VIC 3030
Broadmeadows – 03 9116 9500 StartNorth at Townhall 12 Dimboola Rd Broadmeadows VIC 3047
Dribbin & Brown
- Criminal Defences
- Criminal Lawyers Blog
- Client Testimonials
Broadmeadows – (03) 9116 9500 StartNorth at Townhall 12 Dimboola Rd Broadmeadows VIC 3047
7am to Midnight Phone Service: +61 03 8644 7320 Contact Us | Book An Appointment
- Constitutional Law
- Procedural Law and Evidence
- Civil Rights Law
Definitions of summary jurisdiction
the power of a lower court to hear a case without a jury or other trier of fact (other than the judge)
He held that the case was too serious to be dealt with at a court of summary jurisdiction .
The Courts of Summary Jurisdiction
The Courts of Summary Jurisdiction (commonly referred to as Summary Courts) deal with less serious criminal matters and consist of the High Bailiff or Deputy High Bailiff sitting alone or panels of two or (usually) three lay magistrates.Cases are either disposed of by the Summary Courts or, if appropriate, transferred to the Court of General Gaol Delivery for trial and/or sentence.Most criminal cases are dealt with by the High Bailiff, Deputy High Bailiff or lay magistrates.The Summary Courts sentencing powers include:
- the imposition of fines
- community service orders
- probation orders
- custody up to the summary limit (i.e. usually a maximum of twelve months)
Below are two links to Summary Practice Directions issued by Her Worship Deputy High Bailiff Hughes:
- Summary Practice Direction 2012 (general)
- Summary Practice Direction 2013 (PBV & MoT)
- USLegal Home
- Definitions Home
- Questions & Answers
- Ask a Question
- Legal Topics
- Find Attorney
- Legal Forms
- Legal Guides
- Locate Lawyers
- Attorney Directory
- Legal Definitions
- Summary Jurisdiction
Find a legal form in minutes
Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms.
- District of Columbia
- New Hampshire
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia
- Last Will and Testament
- Power of Attorney
- Promissory Note
- LLC Operating Agreement
- Living Will
- Rental Lease Agreement
- Non-Disclosure Agreement
Summary Jurisdiction Law and Legal Definition
Legal definition list.
- Summary Judgment
- Summary Eviction
- Summary Dissolution
- Summary Decisional Procedure
- Summary Court Martial
- Summary of Records [Food and Drugs]
- Summary Offense
- Summary Plan Description
- Summary Probate
- Summary Proceedings
Related Legal Terms
- Admiralty Jurisdiction
- Aggregation of Jurisdictional Amount
- Ancillary Jurisdiction
- Anomalous Jurisdiction
- Anomalous-Jurisdiction Rule
- Appellate Jurisdiction
- Arising-in Jurisdiction
- Assistant Jurisdiction
- Benefit Summary (Health Care)
- Boni Judicis Est Ampliare Jurisdictionem
- Personal Legal Forms
- Business Legal Forms
- FormsPass Subscriptions
- Get Legal Help
- Attorney Assistance
- Partner with us
- Terms of Service
- Why USLegal?
- US Legal Forms
- airSlate Work Flows