Criminal barrister
Crucial Role of a Criminal Barrister, Melbourne Indictable Offence AssetThe nature of the offence you are charged with determines what court will have the authority to hear and decide your case as well as the criminal procedure that must be followed. Offences are distinguished by specific criteria and highly technical rules of procedure requiring the special skills of a criminal barrister. Melbourne criminal laws guarantee the rights of a defendant to ensure that he or she gets a fair trial.A criminal offence may be any of the following: Click here for more info* Summary (or simple) offences* Minor indictable offences* Major indictable offencesThe appropriate category of an offence is important because it determines which court has the authority to deal with the matter and the time limit to lay the complaint.Summary Offences crimlawvic.com.auSummary offences are less serious than indictable offences and are heard and decided by a magistrate in a magistrate’s court. These include:* Offences not punishable by imprisonment and having a maximum fine of less than $120,000.* Offences with maximum imprisonment of 2 years www.crimlawvic.com.auExamples of summary offences are disorderly behaviour, driving under the influence of alcohol or a drug and minor criminal damage to property.Minor Indictable OffencesMinor indictable offences are generally heard in the Magistrates Court unless the defendant, upon criminal counsel’s advice, chooses to have the case dealt within a superior court.Minor indictable offences are processed by the police in the magistrates court or by public prosecutors before the District or Supreme Court, and when the defendant chooses a jury trial in the magistrate court.Examples of indictable offences are theft, deception and property damage over $2,500 but not exceeding $30,000, stalking, gross indecency and aggravated assault causing harm.Major Indictable OffenceMajor indictable offences are of serious natures which carry greater penalties than for other offences. Anyone charged with an indictable offence is entitled to a committal hearing to determine if there is enough evidence to form the basis of a conviction and to a jury trial.Murder, robbery, rape, unlawful sexual, dishonesty and property damage offences where the amount involved exceeds $30,000 are some of the major indictable offences. Major indictable offences are tried before the District or Supreme Court. Unlike summary offences, there is no time limit to lay a charge for an indictable offence.If you have been charged with an offence, the first thing to do is hire an experienced criminal barrister. Melbourne lawyers familiar with court systems can assist in defending you whether in the magistrates or the Supreme Court to ensure that your rights are protected.
