Whenever a person is charged with a criminal offence in Western Australia, their matter will start in the Magistrates Court. This is where all criminal matters are first heard. From here, depending on the particular offence, the matter may proceed to another court. There are two different types of offences in Western Australia; indictable offences and summary offences. Indictable offences are termed as crimes, whereas summary offences are termed as simple offences. Any offence that is not described in legislation as a crime, will be a simple offence.

All summary offences are dealt with in the Magistrates Court and remain in the Magistrates for the entirety of the proceedings. Summary offences are prosecuted by the Western Australian Police. Indictable offences are considered serious criminal offences and as such are dealt with by superior courts. After starting in the Magistrates Court, an indictable offence will proceed to either the District Court or Supreme Court. Indictable offences are prosecuted by the Office of the Director of Public Prosecutions. 

Some offences are termed “either way offences” and can be dealt with either summarily or on indictment by a superior court. The circumstances of the particular matter will dictate in which court an either way offence is heard. 

– Luke, Lawyer at SR Criminal Lawyers

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