Classification of Offences

Classification of Offences

Summary Offence

Youths

• These are least serious offences.
• It is normally dealt with in the magistrates' court.
• It is charged or summoned by the police or the Crown Prosecution Service (CPS) for trial procedures.
• The judge alone deas with it - there will be no trial by jury or indictment.
• It usually proceeds through the justice system much faster than matters dealt with on indictment.
• The statute that creates the offence must clearly say that it can be dealt with summarily. If it does not, then the offence is an indictable offence.
• It has a maximum penalty of two years imprisonment.
• A magistrates court may commit a defendant for sentence at the Crown Court for a summary only offence under section 6 of the Power of Criminal Courts (Sentencing) Act 2000.
• This will usually apply where the court has exercised its powers to commit one or more either way offences for sentence under sections 3 or 4.

The offence classification mentioned (summary/either way offences and indictable only offences) generally applies to adults and persons under the age of 18 are classified as youths. The general principle is that a youth should be dealt with at a Youth Court rather than a Crown Court. Most cases which a Youth has been charged with will be heard in the local Youth Court.

Youths will normally be dealt with at the Crown Court if a crime is deemed to be a grave crime or where they are charged with an adult and the Court determine that it is in the interests of justice that a youth is dealt with in the Crown Court.

• Magistrates can commit or send certain summary offences (punishable with imprisonment or disqualification) to the Crown Court where a defendant is: committed for trial on an either-way offence (s41); or sent for trial on an indictable-only offence (s51).

Triable-either way Offence

Either-way offence is a case that can be tried in either the magistrates court or the crown court depending on how serious the case is.

Theft is a either way offence

• The defendant is asked to plea before venue
• If the defendant pleads guilty then it is automatically heard by the Magistrates Court
• If the defendant plead not guilty a mode of trail procedure must take place.
• The Magistrates first consider whether they think the case is suitable to be tried in the magistrates court. If not suitable then it is immediately transferred to the Crown Court
• Accept jurisdiction of the case D is given the choice which court he wants to be tried in.

Types of Either-way Offences

• Burglary
• Handling stolen goods
• ABH

Classification of Offences

Indictable Offences

There are basically three types of offences; summary offence, either-way offences and indictable offences.

Offences heard in the Magistrates Court will be heard before Lay Magistrates or a District Judge. A District Judge will sit alone whilst Lay Magistrates will usually be two or three in number.

A case which is heard in the Crown Court will be conducted by a Judge and Jury.

The Judge will determine the issues of law and sentencing whilst the Jury will be the sole determiners of fact.

If a case is heard before the Crown Court normally a unanimous verdict amongst 12 jurors must be announced, alternatively a majority verdict where at least 10 people are agreed will be accepted by the Court.

• An offence that can only be tried in the Crown Court
• Tried by a jury of 12 and a judge
• Most serious of all offences end up in this sector (such as murder, GBH s18 or robbery)
• Magistrates are not delegated enough power to deal with these crimes
• Will start off in the Magistrates Court, where bail and applicable restrictions will be decided before passing to the Crown Court
• Offences under this category will most likely be given the highest sentencing
• The judges in the Crown Courts have the largest sentencing power