Unless a defendant charged with a minor indictable offence elects to be tried in the District Court, the case will be dealt with in the Magistrates Court as though it were a summary offence [section 108(1) and section 117(1) Criminal Procedure Act 1921 (SA)].

If an election is made the case is set down for a pre-committal hearing and is dealt with as though it were a major indictable offence. If no election is made the case follows the procedures of the Magistrates Court for summary offences, see Summary Offences

[For more on procedure see the Joint Criminal Rules 2022 (SA), the Criminal Procedure Act 1921 (SA) and the Juries Act 1927 (SA)].

Before deciding whether to elect to have the case dealt with in the District Court or not, the defendant should consider the following factors:

This consideration should always be made with the assistance of legal advice.