What is a Commonwealth indictable Offence?

Offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears.

What is a commonwealth Offence?

A Commonwealth criminal offence is charged where there is a breach of the law of the Commonwealth, such as the Customs Act or the Crimes Act 1914 (Cth). It is not prosecuted under the State laws and the conduct of the prosecution is usually undertaken by the Commonwealth Director of Public Prosecutions.

What is a recognisance order?

A “recognisance release order” involves imposing a sentence of imprisonment but directing, that upon payment of a sum of money, the offender be released from custody either straight away or after having served a certain period in prison- with further conditions, including, to be of good behaviour for a certain period …

Are all Commonwealth Offences indictable?

Commonwealth offences with a maximum jail sentence greater than 12 months are indictable offences under the Crimes Act 1914, unless otherwise stated. All other offences are summary offences. Some indictable offences can be dealt with summarily (in a Magistrates Court or Local Court in NSW).

Where are Commonwealth Offences heard?

Trials, whether summary or upon indictment, of criminal offences against the laws of the Commonwealth are mainly conducted in the relevant State courts within the State court system.

What is a 12 month good Behaviour bond?

Good behaviour bonds in New South Wales are generally governed by the Crimes (Sentencing Procedure) Act 1999. A good behaviour bond is an order from a magistrate that a person be of ‘good behaviour’ for a specified amount of time, with or without other conditions.

What does the word recognisance mean?

1. recognisance – (law) a security entered into before a court with a condition to perform some act required by law; on failure to perform that act a sum is forfeited.

What are indictable Offences in Australia?

An indictable offence is an offence where the defendant has the right to trial by jury. Major indictable offences include offences such as murder, rape, and threatening or endangering life. The Supreme Court must hear a charge of murder or treason and also hears other serious major indictable offences.