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:
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].