Broadly speaking, criminal offences are categorised into simple offences otherwise known as a summary offences, indictable offences or ‘either-way’ offences. 

SIMPLE OFFENCE

If you have been charged with a simple offence, your matter will be heard in the Magistrates Court by a Magistrate.

Section 67 of the Interpretation Act 1984 (WA) provides that a simple offence is an offence not described as a crime or misdemeanor.

An example of a simple offence is s74A of the Criminal Code (WA) (“Criminal Code”) is ‘Disorderly behaviour in public’.

INDICTABLE OFFENCE

Indictable offences are more serious criminal offences than simple offences and consequently, the penalty is often higher.

An indictable offence will commence in a Magistrates Court and then progress to a higher court, such as the District Court for either trial or sentence.

There are some instances where an indictable offence can be heard by a Magistrate in the Magistrates Court.

Examples of indictable offences are:

• Attempt to Unlawfully Kill – (s283)

• Murder - (s279)

EITHER WAY OFFENCES

As implied by the term ‘either way’ essentially this means any indictable offence which can be dealt with summarily in the Magistrates Court or in the District Court on indictment.

It Is best to obtain legal advice in relation to either way offences as proceeding summarily rather than on indictment, has certain advantages, particularly if a person intends on defending the charge.

Some examples of either way offences in the Criminal Code are:

• Assault causing bodily harm – (s317)

• Burglary - including aggravated burglary if the only circumstance of aggravation is being in company – (s401)

• Indecent Assault – (s323)

Criminal matters and attending Court can be extremely complex and stressful.

Should you require legal advice on your charge, please use the contact form in our Contact Us section.