All criminal offences are generally divided into two categories: indictable and summary offences. The classification is relevant to court process and the maximum penalties that are applied. Although all matters in NSW start in the Local Court, indictable matters proceed to either the District or Supreme Court for trial or sentence, whereas summary offences remain in the local court throughout proceedings. Other jurisdictions through Australia have similar regimes for deciding the court in which different charges are finalized.
Summary offences
Summary offences are generally less serious than indictable offences. They are dealt with by a magistrate in the Local Court and prosecuted by a police prosecutor. Examples of summary offences include common assault, drink driving, and some drug offences.
Summary offences are typically finalised much faster than indictable offences, follow a simplified court procedure, and have lower maximum penalties. The NSW Local Court can impose a maximum penalty of two years imprisonment or five years imprisonment for multiple offences. These limits do not apply to the District Court Supreme Court.
Indictable offences
Indictable offences are generally more serious offences that have more severe maximum penalties, ranging from two years up to life imprisonment.
Indictable offences are prosecuted on an indictment. An indictment is a document prepared by the Prosecution that contains a written accusation of a crime against one or more people.
An indictment has the effect of initiating criminal proceedings in the District or Supreme Court. Indictable offences are prosecuted by lawyers representing the Director of Public Prosecutions in the District or Supreme Court on behalf of the Crown.
Offences prosecuted on an indictment follow a more complex and lengthy court process than summary offences. Although indictable offences commence in the Local Court, they ultimately proceed to the District or Supreme Court for trial or sentence, depending on the plea entered by the accused.
Indictable offences that may be dealt with in the Local Court
There are some indictable offences which must be prosecuted on an indictment. These are referred to as strictly indictable offences. Examples include offences causing death like murder, manslaughter or dangerous driving, serious drug, and serious sexual offences.
However, some indictable offences may be finalised in the Local Court. These offences are referred to in the Criminal Procedure Act 1986 (NSW) as Table 1 and Table 2 offences.
Table 1 offences are indictable offences which are finalised in the Local Court, unless the prosecution or the accused elects (chooses) for the matter to proceed on indictment to a higher court.
Table 2 offences are less serious offences than table 1 offences, and are finalised in the Local Court unless the prosecution elects for the matter to proceed on indictment to a higher court.
If no election is made for Table 1 or Table 2 offences, they are finalised in the Local Court. It usually benefits an accused to finalise an indictable matter in the Local Court because it reduces the maximum penalty to 2 years (5 years for multiple offences).
Should you or someone you know be charged with an offence, it is essential you receive legal advice from an experienced criminal defence lawyer at any early stage. To discuss your options, call Hugo Law Group in Sydney, NSW (02 9696 1361), Canberra (02 5104 9640), Perth (08 6255 6909) or Northern NSW (02 5552 1902) to make an appointment to speak to one of our lawyers.
