Summary Offences: Overview

overview

studies

overview

This page supplements discussion elsewhere on this site regarding summary offences.

It covers -

introduction
legislation
implementation

introduction

Summary offences in Australia law involve offences that are not triable on indictment by the Crown (ie are not indictable offences) and are generally determined by a magistrate or judge rather than by a judge and jury.

The term is often used as a shorthand for stigmatised behaviour in public places but covers a broader range of activities, including action that has a commercial basis.

The character of summary offences varies from jurisdiction to jurisdiction but includes a broad range of actions that include graffiti, public drunkenness, fortune telling, carnal relations with an animal, interfering with homing pigeons, letting off firecrackers, misuse of laser pointers, riot, destruction of property, unlawfully ringing doorbells, defacement of shrines and monuments, tattooing minors, trespass on school premises, carrying catapults, solicitation for prostitution, indecent exposure and other "offensive behaviour".

Prosecutions have accordingly encompassed -

begging and vagrancy
flag burning
'upskirt cams' and other unauthorised photography
wearing offensive tshirts
offensive language (characterised as blasphemy or otherwise).

legislation

Major legislation includes -

Australian Capital Territory - Crimes Act 1900 | here
New South Wales - Summary Offences Act 1988 | here
Northern Territory - Summary Offences Act | here
Queensland - Summary Offences Act 2005 | here
South Australia - Summary Offences Act 1953 | here
Tasmania - Criminal Code | here
Victoria - Summary Offences Act 1966 | here
Western Australia - Criminal Code | here
Western Australia - Police Act | here

Those enactments are typically complemented by narrower legislation, such as the Liquor Act Act 1975 (ACT), Liquor Act 1992 (Qld) and Police Powers & Responsibilities Act 2000 (Qld).

Offences are not restricted to those involve activity in streets.

Most jurisdictions for example have a range of summary offences regarding arson and inappropriate lighting of fires in parks and forests, typically under legislation establishing rural fire services (eg the Country Fire Authority Act 1958 (Vic) or emergencies (eg the Emergencies Act 2004 (ACT) and Fire & Rescue Act 1990 (Qld), national parks legislation or enactments covering forestry management (eg the Forests Act 1958 (Vic)).

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