The most common criminal charges are called summary offences.

More serious criminal charges are called indictable offences. An indictable offence guarantees the defendant the right to trial by jury. There are two categories of indictable offences: major indictable offences and minor indictable offences. Major indictable offences must be heard in the District Court or the Supreme Court, whereas minor indictable offences are heard in the Magistrates Court, unless the defendant chooses to go to a higher court, see election.

Major indictable offences include offences such as murder, rape, arson, perjury, threatening or endangering life and culpable driving causing death. The Supreme Court must hear a charge of murder or treason and also hears other serious major indictable offences. All other major indictable offences can be heard in the District Court.

In either court, the defendant may choose to have the case heard by a judge without a jury, but this should only be done after taking legal advice.