Types of offences+ Criminal Court System

Three types of offences

(a) Summary only, (b) Either-way, (c) Indictable only.

Summary only offences

Tried and sentenced only in the Magistrates’ Court.

Indictable only offences

Tried and sentenced only in the Crown Court.

Either-way offences

Can be tried in either Magistrates’ Court or Crown Court.

Common law offences

Always indictable only, with maximum sentence “at large” (up to life imprisonment). Example: murder.

Statutory offences classification

Determined by maximum sentence in statute.

Summary only statutory offence

Statute lists a maximum sentence “on summary conviction” only.

Indictable only statutory offence

Statute lists a maximum sentence “on indictment” only.

Either-way statutory offence

Statute lists maximum sentences for both “on summary conviction” and “on indictment.”

Summary offences: plea

Entered at first hearing in Magistrates’ Court.

Summary offences: trial

If needed, takes place only in Magistrates’ Court.

Summary offences: sentence

Always sentenced in Magistrates’ Court.

Indictable only offences: plea

First hearing in Magistrates’ Court (administrative), plea entered at Crown Court.

Indictable only offences: trial

If needed, takes place only in Crown Court.

Indictable only offences: sentence

Only Crown Court can sentence.

Either-way offences: plea

Heard first in Magistrates’ Court. Magistrates decide jurisdiction (accept or decline). Defendant can choose jury trial in Crown Court.

Either-way offences: trial

Takes place in Magistrates’ Court or Crown Court depending on jurisdiction decision and defendant’s choice.

Either-way offences: sentence

If convicted in Crown Court, sentenced there. If convicted in Magistrates’ Court, sentenced there unless powers insufficient (then committed to Crown Court).

Impact of classification

Determines where plea is entered, where trial occurs, and where sentencing takes place.

Summary only offences examples

Common assault, criminal damage(value £5,000 or less)

Indictable only offences examples

Robbery, rape, wounding/GBH with intent (s18OAPA 1861)

Either-way offences examples

Theft, burglary, fraud, sexual assault, ABH, wounding/GBH (s20 OAPA) 1861), possession of Class A or B Drugs, poesssion with intent to supply those drugs, criminal damange (value £5000)

Criminal damage classification

Value ≤ £5,000 → summary only; value > £5,000 → either-way; by fire (arson) → always either-way

Criminal damage (summary only)

Max 3 months’ imprisonment or fine (level 4 standard scale), no committal for sentence

Criminal damage (either-way)

Magistrates’ max: 6 months’ imprisonment or fine (level 5); Crown Court max: 10 years’ imprisonment

Criminal damage (uncertain value)

Defendant can consent to summary trial (max 3 months / fine level 4); if not, treated as either-way with higher sentencing powers

Low value shoplifting

Shoplifting under £200 treated as summary only, but adult defendants can still elect Crown Court trial; legally charged as theft (either-way offence)

Criminal court structure

All cases start in the Magistrates’ Court or Youth Court, then may progress to Crown Court, High Court, Court of Appeal, and ultimately the Supreme Court.

Tribunal of fact

The person(s) who decide disputed facts in a case.

Tribunal of law

The person(s) who decide questions of law in a case.

Magistrates’ Court

First hearing for all adults and youths jointly charged with adults; tries all summary offences and some either-way offences.

Magistrates’ Court judges

District Judge, Deputy District Judge, or 2–3 lay magistrates with a legal adviser.

Magistrates’ Court tribunal of fact

District Judge or lay magistrates.

Magistrates’ Court tribunal of law

District Judge or lay magistrates.

Magistrates’ Court trials

All summary offences; either-way offences where magistrates accept jurisdiction and defendant consents.

Magistrates’ Court sentencing powers

6 months max for one summary offence, 12 months for either-way offences, unlimited fines, committal for sentence to Crown Court if needed.

Magistrates’ Court appeals

No criminal appellate jurisdiction.

Crown Court

Predominantly a trial court; also hears appeals and committals for sentence from Magistrates’ and Youth Courts.

Crown Court judges

Circuit Judge, High Court Judge, or Recorder.

Crown Court tribunal of fact

Jury of 12 at trial (judge only in limited cases).

Crown Court tribunal of law

Judge.

Crown Court trials

All indictable offences; either-way offences declined by magistrates or elected for jury trial; can also hear linked summary offences.

Crown Court sentencing powers

Life imprisonment (or less if statutory maximum lower), unlimited fines, ancillary orders, committals for sentence.

Crown Court appeals

Hears appeals from Magistrates’ and Youth Courts; rehearing with judge and two magistrates; can confirm, reduce, or increase sentence.

High Court (criminal jurisdiction)

Limited role; hears appeals by way of case stated and judicial review from Magistrates’ or Crown Court (in appeal capacity).

High Court (Administrative Court)

Cannot review indictments but can review ancillary matters such as bail refusals.

Court of Appeal (Criminal Division)

Hears appeals from Crown Court; leave required except in contempt cases.

Court of Appeal judges

Court of Appeal judges, High Court judges, or Crown Court judges authorised to sit (not if trial was before a High Court judge).

Court of Appeal tribunal of fact

Judges (no jury).

Court of Appeal tribunal of law

Judges.

Court of Appeal appeals

Can dismiss or allow appeals against conviction/sentence; can quash convictions, order retrials, reduce or uphold sentences, hear AG references.

Attorney General references

AG can ask Court of Appeal to review unduly lenient sentences or clarify law after an acquittal (but acquittal stands).

Criminal Cases Review Commission references

Court of Appeal can quash convictions or order retrials.

Supreme Court (criminal)

Hears appeals from Court of Appeal (Criminal Division).

Supreme Court leave test

Only hears cases on points of law of general public importance.

Supreme Court judges

Justices of the Supreme Court, addressed as “My Lord” or “My Lady.”