There are two types of offences, summary offences and indicable offences. These are both explained below.

What are summary offences?

Matters that are less serious in nature are referred to as summary offences. A summary, or simple offence is tried by a magistrate alone. Examples of Commonwealth summary offences include disorderly and offensive behaviour and welfare fraud where the sum of money involved is not large.

What are indictable offences?

Serious criminal matters are also known as indictable offences and are sent from a lower court to either a supreme or county/district court. Indictable offences require a trial by judge and jury. Examples of Commonwealth indictable offences include major drug importation cases, terrorism offences and fraud cases where the sum of money involved is large.

How long will the process take?

How long a case takes depends on how complex it is and if it involves a trial and appeals. In general:

• Summary matters are generally straightforward and can be finalised in a matter of months if a defendant pleads guilty. If the matter goes to a hearing, it can take 6–12 months to finalise or longer depending on the issues involved. If the defendant appeals the outcome, that process can add six months.

• Indictable matters that are heard in the district/county courts or supreme court always involve more serious offences and will take longer to finalise. When a defendant pleads guilty it is sometimes possible to finalise the matter within 6–8 months, but if it goes to trial it may take up to two years or longer. If the defendant appeals the outcome, this can add six months or more.

See our eight steps in the prosecution process to get a better understanding of what going to court involves.

Remember: Ask your CDPP <hyperlink> or WAS <hyperlink> case officer how long your particular case is likely to take.