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6.4 In its criminal jurisdiction, the Magistrates’ Court has the power to:
• hear and determine all summary offences 5
• hear and determine all indictable offences triable summarily 6
• conduct committal proceedings into indictable offences. 7
6.5 Summary offences are more minor offences that are heard by a magistrate without a
jury. Being drunk in a public place, using obscene or threatening language in public and
damaging property are examples of summary offences.
6.6 Indictable offences are more serious offences. They attract higher maximum penalties,
and are usually triable before a judge and a jury. However, magistrates can hear and
determine indictable offences that are triable summarily. Indictable offences that are
triable summarily can range from causing serious injury recklessly to assault with intent to
rape and aggravated burglary. 8
6.7 Committal proceedings are a preliminary examination to determine whether the case
against the accused person is sufficient to warrant the person being directed to stand trial
before the Supreme Court or County Court. 9 After a committal proceeding, a magistrate
may either direct that the accused person stand trial and order that they be remanded in
custody until trial or granted bail, or the magistrate may discharge the accused person. 10
6.8 The maximum term of imprisonment that the Magistrates’ Court may impose for a single
summary offence or indictable offence triable summarily is two years. 11 Unless expressly
provided, the maximum cumulative period of imprisonment that may be imposed by
the Magistrates’ Court (in respect of several offences committed at the same time) is
five years. 12
6.9 The majority of criminal cases in Victoria come before the Magistrates’ Court. In 2011–12,
the Magistrates’ Court finalised 180,731 criminal matters, 24,394 more matters than in
2007–08. 13 The approximately 15.6 per cent increase over a four-year period reflects the
expanding jurisdiction of the Magistrates’ Court to hear and determine criminal matters. 14
6.10 This contrasts with the 2,350 criminal cases finalised in the County Court and the 102
criminal cases finalised in the Supreme Court in the same year. 15
6.11 These statistics reflect the seriousness and complexity of the criminal matters heard in the
higher courts, the longer time it takes to finalise a criminal matter (for example, jury trials)
in those jurisdictions and fewer judicial officers.
5 Ibid s 25(1).
6 Ibid. For a list of the main state indictable offences triable summarily, see Criminal Procedure Act 2009 (Vic) s 28, sch 2.
7 Magistrates’ Court Act 1989 (Vic) s 25(1).
8 Aggravated burglary is burglary with a firearm, weapon or explosive or anything that has the appearance of a firearm or explosive. The
Magistrates’ Court can hear matters involving aggravated burglary if the offence involves an intent to steal property of not more than
$100,000 in value. See Crimes Act 1958 (Vic) s 77, Criminal Procedure Act 2009 (Vic) sch 2 cl 4.
9 Fox, above n 3, 99.
10 Magistrates’ Court Act 1989 (Vic) s 25(1).
11 Sentencing Act 1991 (Vic) ss 113, 113A.
12 Ibid s 113B.
13 Magistrates’ Court of Victoria, Annual Report 2011–12 (2012) 4.
14 Ibid. See also Magistrates’ Court of Victoria, Annual Report 2008–09 (2009) 5; Magistrates’ Court of Victoria, Annual Report 2010–11
(2011) 51.
15 County Court of Victoria, Annual Report 2011–12 (2012) 2; Supreme Court of Victoria, Annual Report 2011–12 (2012) 45.
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