I want my case to be dealt with in the Magistrates’ Court. Can this happen?
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Answer by Pearl Beaumont, Bronte 2024 NSW
- This depends on what you have been charged with. The law will say whether the charge can be dealt with summarily or on an indictment. This determines whether it can be dealt with in the Magistrates’ or Local Court or in a higher court.
- Some indictable offences are called ‘indictable triable summarily’. This means that the parties can choose or a magistrate can order that an indictable offence be heard and determined in the Magistrates’ or Local Court.
- Depending on all the circumstances your lawyer can negotiate with the police or the prosecutor to have the case dealt with in the lower court.