Indictable Offences are more serious criminal offences that are often heard in the higher courts (District Court and Supreme Court) and come with more severe penalties. If you are charged with an indictable offence, you are guaranteed the right to a trial by judge and jury, however, it is absolutely essential that you obtain proper legal advice before making that choice.
Indictable Offences that are not so serious can still be heard in the Local Court in the same manner as a Summary Offence, where the maximum penalty would remain as 2 years imprisonment. Indictable offences that will be heard in the Local Court unless an election is made to have them transferred to the District Court are known as Table 1 and Table 2 Offences.
Table 1 Offences are those which will be heard summarily in the Local Court unless either you or the prosecution elect to have the matter transferred to the District Court to be heard on indictment before a judge and jury. These offences include:
- Larceny and other related offences exceeding $5,000
- Fraud and related offences
- Break and enter offences
- Sexual assault offences where the victim is 14 years of age or over
- Assault and acts causing danger to life or bodily harm
Table 2 Offences are those which will be heard summarily in the Local Court unless the prosecution elects to have the matter transferred to the District Court. If you are charged with a Table 2 offence, you cannot make such an election. These offences include:
- Stalking and intimidation
- Larceny and other related offences below $5,000
- Less serious offences against the person
- Possession of implement of housebreaking
- Animal cruelty
Table 2 offences are less serious offences than Table 1 offences and the prosecution will only elect to have the matter transferred to the District Court so that you may face more severe penalties.
If you have been charged with any indictable offence, it is crucial that you contact one of our criminal lawyers immediately as we will be able to give you the right advice and talk with the prosecution about their views on election so that you are given the best chance of having your criminal matter handled to your benefit.
Strictly Indictable Offences are the most serious offences which the legislation requires to be heard on arraignment in the higher courts. There is no choice to have these offences remain in the local court to be heard before a Magistrate.