This Chapter sets out the criteria for determining whether an election should be made for a Table offence to be dealt with on indictment, rather than summarily.

In determining whether or not to elect to deal with a Table offence on indictment, consideration should be given to:

1. whether the conduct giving rise to the offence can be adequately addressed within the sentencing limits of the Local Court having regard to:
   a.   the seriousness of the offence, including:
      i.   the circumstances of the offence
      ii.  the nature of the conduct
      iii. any aggravating or mitigating circumstances
   b.   the accused’s personal circumstances, including criminal background
   c.   the maximum penalties available for summary disposal and on indictment d.   any standard non-parole period applicable to the offence
2. the prevalence of the offence in the community and the greater deterrent effect of an accused being dealt with on indictment
3. the manner in which any co-accused is being dealt with
4. whether there is a relevant connection between the Table offence and an offence that is strictly indictable or another Table offence suitable to being dealt with on indictment
5. whether for some other reason the interests of justice require that the matter be dealt with on indictment.

Care should be taken to ensure that the issue of whether to elect is resolved at the earliest possible stage.

An election should not be made for tactical reasons.

An election should only be withdrawn in accordance with the principles set out above and subject to prior consultation with the  victim and officer-in-charge.