Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 28

Indictable offences that may be heard and determined summarily

28. Indictable offences that may be heard and determined summarily



(1) A charge for any of the following indictable offences may be heard and
determined summarily by the Magistrates' Court, if section 29 is satisfied-

   (a)  an offence referred to in Schedule 2;

   (b)  an indictable offence under an Act or subordinate instrument or an
        offence at common law if the offence is described by an Act or
        subordinate instrument as being-

   (i)  a level 5 offence or level 6 offence; or

   (ii) punishable by level 5 or level 6 imprisonment or fine or both; or



   (iii) punishable by a term of imprisonment not exceeding 10 years or a fine
        not exceeding 1200 penalty units or both- unless the contrary
        intention appears in this or any other Act or in any subordinate
        instrument. Note A level 5 offence is punishable by 10 years
        imprisonment maximum and a level 6 offence is punishable by 5 years
        imprisonment maximum: section 109 of the Sentencing Act 1991.

(2) If an indictable offence is described as being punishable in more than one
way or in one of 2 or more ways, all of those ways must be referred to in
subsection (1) for subsection (1) to apply.

(3) If an indictable offence referred to in Schedule 2 is qualified by
reference to a specified amount or value or a specified kind of property, that
qualification is not affected by subsection (1)(b) or (2).