Commonwealth offences are generally prosecuted in the courts of the various States and Territories. Because of this, the prosecution of Commonwealth offences involves a complex mix of federal and State or Territory law. The offences are offences against the laws of the Commonwealth and the general principles of criminal responsibility are supplied by the Commonwealth Criminal Code. On the other hand, State and Territory laws of procedure apply concerning matters such as evidence, the procedure for summary conviction, committal for trial, trial and conviction on indictment, the hearing of appeals, sentencing and the incarceration of people.
There can be significant differences in procedures between the State and Territory jurisdictions. Understanding these differences, and the way they affect the dynamics of prosecuting in the different Australian jurisdictions, is an important feature of prosecuting offences against Commonwealth law.