News · Criminal law explainer
Summary and indictable offences in NSW.
One of the first things that decides how a criminal case runs is whether the offence is summary or indictable. It affects which court hears the matter, the maximum penalty, and whether there is a jury. This note explains the difference in New South Wales, the Table offences in between, and why the classification matters.
By Aaron Kernaghan · Published 3 September 2026
A summary offence is a less serious offence dealt with in the Local Court by a magistrate. An indictable offence is more serious and can be dealt with in the District or Supreme Court, sometimes before a jury. Many indictable offences in NSW are Table offences that can be dealt with in the Local Court unless the prosecution or the accused elects to take them to a higher court. The classification affects the court, the maximum penalty, and whether there is a jury.
What is a summary offence?
A summary offence is a less serious offence that is dealt with in the Local Court by a magistrate sitting alone. There is no jury. Examples include many traffic offences, offensive conduct, and low-level assaults and property offences. Summary offences carry lower maximum penalties, and the Local Court has a cap on the sentence it can impose.
Most criminal matters in New South Wales are dealt with summarily. They are quicker and less formal than a trial in a higher court.
What is an indictable offence?
An indictable offence is a more serious offence that can be dealt with on indictment in the District or Supreme Court, where a defended matter is decided by a judge and jury. Examples include serious assaults, sexual offences, robbery, and serious drug offences. Indictable offences carry higher maximum penalties.
The most serious indictable offences, such as murder, are strictly indictable and must be dealt with in a higher court. They cannot be finalised in the Local Court.
Table 1 and Table 2 offences
Between the two extremes sit many indictable offences that can be dealt with in the Local Court unless someone elects otherwise. These are listed in Table 1 and Table 2 to the Criminal Procedure Act. For a Table 1 offence, either the prosecution or the accused can elect to have the matter dealt with in a higher court. For a Table 2 offence, only the prosecution can elect.
Where no one elects, the matter stays in the Local Court, which is usually to the accused's advantage because the Local Court cannot impose as heavy a penalty. The choice of whether to elect is an important tactical decision.
Why the classification matters
The classification decides the court, the maximum penalty available, whether there is a jury, and the procedure, including whether there is a committal. It shapes the whole path of the case.
It also affects strategy. Keeping a Table offence in the Local Court can cap the penalty, while electing to a higher court may suit a case that turns on a jury or a point of law. This is a decision to make with advice.
How do you know which yours is?
The classification comes from the offence charged and the Act that creates it. A lawyer can tell you quickly whether your charge is summary, a Table offence, or strictly indictable, and what that means for your case.
That advice shapes the early decisions, including whether to elect and how to plead. Our notes on how to plead and defended hearings explain the process that follows.
Frequently asked.
What is the difference between summary and indictable offences?
A summary offence is less serious and dealt with in the Local Court by a magistrate, with no jury. An indictable offence is more serious and can be dealt with in the District or Supreme Court, sometimes before a jury, with higher maximum penalties.
What are Table 1 and Table 2 offences?
Indictable offences that can be dealt with in the Local Court unless someone elects otherwise. For Table 1, either the prosecution or the accused can elect to a higher court. For Table 2, only the prosecution can elect.
Is it better to stay in the Local Court?
Often, yes, because the Local Court cannot impose as heavy a penalty as a higher court. But electing to a higher court can suit a case that turns on a jury or a point of law. It is a decision to make with advice.
Which offences must go to a higher court?
Strictly indictable offences, such as murder, must be dealt with in the District or Supreme Court and cannot be finalised in the Local Court.
How do I know if my offence is summary or indictable?
It depends on the offence charged and the Act that creates it. A lawyer can tell you quickly whether your charge is summary, a Table offence, or strictly indictable, and what that means.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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