Criminal offenses are typically dealt with through the following routes –
– indictment
– summary prosecution
– infringement notice
Summary prosecution does not require trial by jury. Such cases are tried by a single judge. These offenses are usually less severe in nature and carry lighter penalties.
Indictment prosecutions are usually meant for more severe offenses such as murder, sexual assault and armed robbery. These criminal proceedings required to be tried before a jury.
Even where an offense is indictable, an accused may request for summary prosecution; the judge however has the final say whether to grant the request on grounds of public interest where issues of societal norms are best decided by a jury.
RIGHTS OF SUSPECT IN POLICE CUSTODY
Rights of accused in police custody are –
Seek qualified nurses
Seek medical help
Right to privacy
Interpreter support where the person is not proficient in English language
In Western Australia, an accused person has the right to remain silent when questioned by police. In contrast, the prosecution in NSW may in its closing statement request the court to draw inference from the silence of the accused during questioning, such as dispute the veracity of the defense relied upon but not raised during questioning.
In this aspect, Western Australia is stronger in upholding civil liberty of privilege against self incrimination. In other words, the right against incrimination is given stronger status in Western Australia.