Classification of Offences
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- Created on: 02-04-18 15:07
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- Classification of Offences
- SUMMARY OFFENCES
- least serious type of offence
- e.g. TWOCing, driving offences, assault and battery, criminal damage up to £5k and shoplifting under value of £200
- 97% of all offences are summary
- Always tried in the Magistrates' Court
- TRIABLE EITHER WAY OFFENCES
- Can be tried in Magistrates' Court or in Crown Court
- Not extremely serious but not the least serious
- e.g. Assault causing ABH and theft
- if D pleads guilty then sentencing is in Magistrates' Court
- If D pleads not guilty then D can ask for case to be heard in Crown Court
- if case is out of Magistrates' knowledge or is complex then it may be sent to Crown Court anyway
- INDICTABLE OFFENCES
- Really serious offences
- Always take place in Crown Court (first hearing always in Magistrates')
- e.g. robbery, ****, murder and manslaughter
- PRE-TRIAL PROCEDURE
- Summary offences
- pleading guilty
- hearing done immediately and mags will come up with sentence
- D can plead guilty by post and don't have to attend hearing
- pleading not guilty
- mags will hear the case to work out issues involved so case can proceed as quickly as possible
- pleading guilty
- Either way offences
- pleading guilty
- mags will choose to decide sentence themselves or send to Crown Court for sentencing
- D does not have right to choose which court
- mags will choose to decide sentence themselves or send to Crown Court for sentencing
- pleading not guilty
- "mode of trial" hearing in mags to decide where trial will take place
- under s.19 of magistrates court act 1980 mags must consider seriousness of case and arguments of prosecution & defence.
- very complex cases will be sent to the crown court
- if mags decide to hear case they can still send to crown court for sentencing
- D still has right to choose trial by jury in Crown Court instead
- pleading guilty
- Indictable offences
- whether D pleads guilty or not, first hearing is always in Magistrates' Court
- this will deal with whether D wants to apply for legal aid and whether bail is appropriate
- After first hearing, all indictable offences are sent to the Crown Court
- whether D pleads guilty or not, first hearing is always in Magistrates' Court
- Summary offences
- SUMMARY OFFENCES
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