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United Kingdom[ edit ] In relation to England and Walesthe expression "summary offence" means an offence which, if committed by an adult, is tried by a summary procedure. In such proceedings there is no jury, the appointed judge decides the guilt or innocence of the accused.
Each summary offence is specified by statute which describes the usually minor offence and the judge to hear it. A summary procedure can result in a summary conviction.
By a summary proceeding I mean principally such as is directed by several acts of parliament for the common law is a stranger to it, unless in the case of contempts for the conviction of offenders, and the inflicting of certain penalties created by those acts of parliament.
In these there is no intervention of a jury, but the party accused is acquitted or condemned by the suffrage of such person only, as the statute has appointed for his judge. An institution designed professedly for the greater ease of the subject, by doing him speedy justice, and by not harassing the freeholders with frequent and troublesome attendances to try every minute offence.
But it has of late been so far extended, as, if a check be not timely given, to threaten the disuse of our admirable and truly English trial by jury, unless only in capital cases.
In the United Kingdomtrials for summary offences are heard in one of a number of types of lower court. In Scotlandit is the Sheriff Court or Justice of the peace courtdepending on the offence the latter being primarily for the most minor of offences.
United States[ edit ] In the United States"there are certain minor or petty offenses that may be proceeded against summarily, and without a jury". Any crime punishable by more than six months of imprisonment must have some means for a jury trial. Note that the right to trial by jury is the exclusive right of the defendant, if the defendant chooses to select a bench trial trial by judge the prosecution cannot object.
In particular, Supreme Court Justice Hugo Black wrote in a dissent, "It is high time, in my judgment, to wipe out root and branch the judge-invented and judge-maintained notion that judges can try criminal contempt cases without a jury.Nov 24, · triable either way offences essay Александр Куимов Summary & Indictable Offences - Legal Studies Terms - Duration: Wimble Don 2, views.
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