Fraud charges in Western Australia can be complex. One of the most common questions our clients have is whether their charge will be dealt with in the Magistrates Court or the District Court. The answer depends on a range of factors, including the type of fraud, any aggravating factors involved and the specific charge laid by prosecutors.
Below, we outline how jurisdiction is determined and when someone might find themselves in the District Court. For more information, get in touch with a fraud defence lawyer at Chambers Legal.
How Court Jurisdiction Works
Western Australia has a tiered court system with criminal offences allocated to particular courts based on their seriousness:
Magistrates Court: Less serious (summary) offences
District Court: More serious (indictable) matters, including many fraud-related charges
Supreme Court: Reserved for the most serious offences
Fraud charges are usually seen as “either way” offences. That means they can be dealt with in either the Magistrates or District Court, depending on the circumstances.
Which Cases Stay in the Magistrates Court?
If a fraud charge is less serious, it may be dealt with in the Magistrates Court. It might be a one-off incident or only involve low-value deception.
In this case, the potential penalties are lower, with a maximum of 2 years’ imprisonment and/or a fine of up to $24,000. Typically it’s a quicker process with fewer procedural steps. However, the magistrate may still decide to refer the matter to the District Court if they feel the offence is too serious to be dealt with summarily.
When Do Fraud Charges Go to the District Court?
Fraud charges will be sent to the District Court if the allegations are serious. That might involve:
High monetary value ($10,000 or more)
Complex financial arrangements
Aggravating circumstances, such as breach of trust, use of false documents or offending against an employer
Multiple offences over time
Centrelink or corporate fraud involving Commonwealth prosecution or public interest
Gaining a benefit by fraud
The District Court can impose significantly higher penalties, including up to:
7 years’ imprisonment for general fraud offences
10 years or more if aggravating factors are present (e.g. planning, breach of trust, significant loss or vulnerable victims)
Can You Elect to Go to the District Court?
Generally speaking, it’s the prosecution that will determine the jurisdiction of the accused’s charge. In some cases, however, the accused may have the right to elect a trial by jury, which would trigger a movement to the District Court.
This is most common in cases where the defence wants a jury trial or believes the matter warrants the procedural safeguards of a higher court.
Factors That May Influence the Court’s Decision
The court will consider a range of factors when determining whether a fraud matter should be heard in the Magistrates or District Court. These include:
The Amount of Financial Loss: Larger sums are more likely to attract higher penalties and may be deemed unsuitable for summary jurisdiction
Sophistication of the Conduct: Offences involving forged documents, impersonation, use of technology or manipulation of public systems indicate thought-out planning and may lead to more serious charges
Impact on Victims: If victims have suffered serious financial or psychological harm, there may be harsher sentencing. This is particularly relevant in cases involving vulnerable individuals or organisations
Early Plea of Guilty or Cooperation: A willingness to accept responsibility or assist investigators may support more favourable outcomes, such as a reduced sentence
The court will assess each case on its specific facts, so outcomes can vary significantly. Seeking early advice from a fraud defence lawyer, whether it’s insurance, Centrelink or another charge, is critical in clarifying what to expect and how to best prepare for your defence. A lawyer can assess the prosecution’s case, advise in which court the matter will likely be dealt with and negotiate with prosecutors where appropriate.
Contact Chambers Legal for Legal Assistance
At Chambers Legal, our team work closely with individuals facing fraud allegations. We’ll explain the process clearly and ensure your rights are protected at every stage.
Importantly, our team recognise that facing any criminal charge can be incredibly stressful for the accused and their family. To best support you throughout the process, our team work with transparency and integrity, always providing proper cost notice and offering all legal advice in writing.
Whether your matter is listed in the Magistrates Court or headed to the District Court, Chambers Legal is here to support you. To speak with a criminal defence lawyer about fraud charges, please contact us today.