A crime is an act that is illegal. A crime is also called a criminal offence. Sometimes it is referred to as breaking the law. Being charged with a crime is serious and can result in a criminal record as well as other serious penalties.

Less serious offences are called summary offences. Summary offences are heard and determined by a magistrate in the Magistrates’ or Local Court. Serious criminal offences are called indictable offences. They are heard and determined by a judge and jury in the District, County or Supreme Courts. Offences against Commonwealth law may be heard in the Federal Court.

Some indictable offences are called ‘indictable triable summarily.’ This means that the parties can choose or a magistrate can order that indictable offence to be heard and determined in the Magistrates’ or Local court.

Criminal offences must be proven beyond reasonable doubt. The onus (or burden) of proof lies with the police or the prosecutor. A person who has been charged with a criminal offence is not required to prove anything.

Sometimes a person who has been charged with a criminal offence may have a legal excuse or explanation for their behaviour which means they should not be convicted. This is called a defence.

Less serious offences can be dealt with by way of an on-the-spot fine. If a person is found committing an offence they can be issued with an infringement notice and pay a fine instead of going to court. Offences that can be dealt with this way include many traffic offences as well as certain public order offences.

This Legal Guide on General Criminal Procedure provides people who have been charged with a criminal offences as well as victims of crime with information about the criminal justice process. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.