Offences in Victoria are classified as either indictable offences or summary offences.

Indictable offences are more serious offences and include theft, causing injury, drug offences, rape and murder. Indictable offences are usually heard before a judge and jury in the County Court of Victoria or the Supreme Court of Victoria. Some indictable offences may also be heard in the Magistrates Court of Victoria.

All offences in the Crimes Act 1958 and the Wrongs Act 1958 are deemed to be indictable offences, unless the relevant legislation indicates otherwise.

All offences in other legislation that are described as being level 1-6 or punishable by level 1-6 imprisonment, fine or both are also presumed to be indictable offences, unless the relevant legislation indicates otherwise.

Summary offences are less serious offences and usually include offences such as disorderly behaviour, some assault offences, some driving offences, and wilful damage to property. Summary offences may be heard and determined in the Magistrates’ Court of Victoria.

All offences that do not meet the definition of indictable offences above are presumed to be summary offences, unless the relevant legislation indicates otherwise.