What sort of criminal cases are held in the magistrates court?
The magistrates court usually handles more minor criminal offences called summary offences. The magistrates court is sometimes called a ‘court of summary jurisdiction’. More serious offences are called indictable offences. Most indictable offences get sent from the magistrates court to a higher court by a process called a committal. The magistrates court can handle some indictable offences, if under the law they are indictable offences which can be dealt with summarily. In summary magistrate court cases there is no jury, and all cases are heard by a single magistrate. How do I know I have to go to the magistrates court? You have to go to court if you were: • arrested and given a bench charge sheet; or • given a Summons; or • given a Notice to Appear. Being given a Notice to Appear is what usually happens if you are given bail. The Notice to Appear can be given to you ‘on the spot’, or after you have been taken to a police station. The police might also fingerprint you and take your pho
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