Summary vs Indictable Offences in Queensland
If you have been charged with a criminal offence in Queensland, one of the first things you need to understand is whether your charge is summary or indictable . That single distinction determines which court deals with your matter, whether you face a Magistrate or a jury, what the maximum penalty is, how long the process takes, and how much your legal representation will cost. This guide explains the difference in plain terms, lists common charges under each category, and tells you what to expect depending on where your charge falls. Use the free Charge Classification Tool to instantly look up…
The Two Categories of Criminal Offence in Queensland
Queensland law divides criminal offences into two broad categories: Summary offences (also called simple offences) are less serious. They are dealt with in the Magistrates Court by a Magistrate sitting alone — no jury. The maximum penalties for summary offences are set by the individual Acts that create them, and are typically well below 3 years. Indictable offences are more serious. Under the…
Common Summary Offences
Summary offences — also called simple offences — are created by specific Acts of Parliament (not the Criminal Code ) and are dealt with entirely in the Magistrates Court. They cannot go to the District Court. Common examples include: Drink driving and drug driving — all drink and drug driving charges under the Transport Operations (Road Use Management) Act 1995 (Qld) are simple offences dealt with…
Common Indictable Offences
Indictable offences carry higher maximum penalties and involve a more complex court process. Some must go to the District Court or Supreme Court. Others — in fact, the majority — can be dealt with in the Magistrates Court depending on the circumstances. Indictable offences dealt with in the Magistrates Court Many indictable offences are routinely dealt with summarily — meaning they stay in the…
What "Dealt With Summarily" Means
Many indictable offences in Queensland can be dealt with summarily . This means the Magistrates Court handles the matter instead of the District Court. The charge is still technically indictable — it is still a crime or a misdemeanour under the Criminal Code — but the process is simpler, faster, and cheaper. In practice, the majority of criminal charges dealt with in the Magistrates Court are…
Why It Matters — What Changes Between the Two Courts
The distinction between summary and indictable affects every part of your matter: Who decides. In the Magistrates Court, a single Magistrate hears the evidence and decides the outcome. In the District Court, a jury of twelve decides whether you are guilty — and a judge decides the sentence. Maximum penalty. When the Magistrates Court deals with an indictable offence summarily, the maximum penalty…
How to Find Out Whether Your Charge Is Summary or Indictable
Your charge sheet or Notice to Appear will name the offence and the section of the Act it falls under. But working out whether the charge is summary, indictable, or indictable-dealt-with-summarily is not always straightforward — it depends on the specific section, the facts alleged, and sometimes the prosecution's or the court's election. If you are unsure, these are the practical steps: Look at…
Fixed Fees
- Magistrates Court Plea — from $2,100
- Summary Hearing (Contested) — $5,500
- District Court Plea — from $12,000
- District Court Trial — from $15,000