Table 1 and Table 2 offences are listed in Schedule 1 of the Criminal Procedure Act 1986 (NSW) and are categorised to provide guidance on how they can be handled in Court.
Table 1 offences are ‘indictable offences that are to be dealt with summarily unless prosecutor or person charged elects otherwise’. What this means is that the matter can remain in the Local Court unless the prosecutor or accused elects to have the matter heard in the District Court.
Table 2 offences are ‘offences that are to be dealt with summarily unless prosecutor elects otherwise’. With Table 2 offences only the prosecutor can elect to have the matter determined in the District Court.
What is the difference?
The main difference is that a Table 1 offence allows both the prosecutor and/or accused elect to have the matter determined in the District Court. There are pros and cons that need to be carefully weighed up before deciding whether or not to elect.
For an accused, it is important to remember that if your matter is determined summarily (i.e., in the Local Court before a Magistrate) the maximum penalty that can be imposed for a single offence is a 2 year term of imprisonment and/or maximum fines of 50 penalty units. There is an exception that allows the court to impose imprisonment of 2 years and 6 months for an offence of supply to a person under the age of 16 years (s35AA Drug Misuse and Trafficking Act 1985 (NSW)). If there are multiple offences the maximum term of imprisonment the Local Court can impose for all offences combined is 5 years.
If you elect to have your matter heard in the District Court, there is no jurisdictional limit on the term of imprisonment the court can impose (except the maximum penalty for the offence) and your matter will be before a Judge and jury (as opposed to a Magistrate alone in the Local Court).
If you are unsure whether you should elect to have your matter (for T1 offences only) determined in the District Court, get in touch to speak with one of our experienced solicitors.