- Relationship break up
- Separation & divorce
- Care of children
- About Family Court
- Family violence
- Relationship property
This page gives an overview of the categories of offences and types of trials for proceedings under the Criminal Procedure Act 2011.
Criminal Procedure Act 2011(external link)
Offences are categorised on the basis of maximum penalty. The exception is category 4 offences which are treated differently because of their significant seriousness, complexity or public symbolism.
Each category of offence has a default trial type, being either a Judge-alone trial or a jury trial. In some cases, a Judge-alone trial may be presided over by Justices of the Peace or Community Magistrates.
Defendants charged with offences incurring maximum penalties of 2 or more years’ imprisonment have the right to elect trial by jury.
If a proceeding involves a defendant charged with more than one category of offence, the proceeding is conducted under the highest category of offence.
For example, a defendant charged with a category 2 offence and several category 3 offences elects jury trial on one of the category 3 offences. When filing the charging document, the prosecutor notifies the court that the charges are to be heard together and the proceeding is treated in entirety as a category 3 offence. Because of the election, a jury will determine the verdict for all charges if the proceeding continues to trial (section 139(1)(a)).
If a proceeding involves more than one defendant, the proceeding is generally to be conducted in accordance with the highest category of offence across both defendants.
For example, one defendant is charged with a category 2 offence and another with a category 3 offence. The category 3 defendant elects a jury trial, so the prosecutor notifies the court that that the charges are to be heard together and the proceeding is conducted in entirety as a category 3 offence. All charges must be determined by a jury unless there are exceptional circumstances warranting separate trials (section 139(2)(a)).
This page was last updated: