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Summary Offences

Crimes that can only be heard and decided by a magistrate in the Magistrates Court are called summary offences. In general, these offences are less serious than indictable offences and the penalties that can be imposed are not as great. Summary offences make up the majority of the so called common offences, see common offences.

According to section 5 of the Criminal Procedure Act 1921 (SA), a summary offence includes:

  • an offence not punishable by imprisonment and having a maximum fine of less than $120,000
  • an offence with a maximum penalty of 2 years imprisonment or less
  • most dishonesty offences involving $2,500 or less (even if the maximum imprisonment is more than 2 years), but not including robbery, or offences of violence, or an offence that is one of a series of offences of the same or a similar character involving more than $2,500 in aggregate.

Offences of arson and causing a bushfire are excluded from the definition of a summary offence.

Summary offences include disorderly behaviour, driving under the influence of alcohol or a drug, and minor criminal damage to property. Summary offences cannot be tried by a jury, even if the person charged would prefer it.

There is a time limit of 2 years to lay an Information for a summary offence or 6 months if an expiation notice may be given for the offence [Criminal Procedure Act 1921 (SA) s 52].

Summary Offences  :  Last Revised: Fri Aug 26th 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.