1 - Introduction CLP

Question 1

Outline the Criminal Justice Process

Answer 1

The criminal justice process begins with a person being arrested and brought before the magistrates’ court. In the alternative, the magistrates’ court issues a written charge and requisition to secure their attendance.

They are asked to enter a plea:

(a) If they plead guilty, the court moves to sentence.

(b) If they plead not guilty, there is a trial and the court comes to a verdict.

(i) If they are not guilty, the defendant is acquitted of the charge and is free to go.

(ii) A person who is sentenced following either a guilty plea or verdict may appeal.

Question 2

What are the key points about the arrest process and the role of the police

Answer 2

The police may arrest a person if they have reasonable grounds for doing so. The conduct of the police is governed by the Police and Criminal Evidence Act (PACE) 1984 and the PACE Codes of Practice.

Reasonable suspicion + Necessary to arrest + Sufficient evidence for a realistic prospect of a conviction

At the conclusion of an investigation, a person is either released from police custody with no further action taken, or the vast majority of prosecutions are commenced by charging a person with an offence approved by the Crown Prosecution Service (CPS).

Question 3

What is a written charge and requisition?

Answer 3

Where the appropriate prosecuting body has the power to compel a person’s attendance before a court to enter a plea for an offence.
Previously used for corporate bodies, breaches of court orders, driving offences, and regulatory offences (e.g., environmental protection).
Current Use: Increasingly applied to common offences as well.

Prosecution Process:
- Mainly conducted by the Crown Prosecution Service (CPS).
- CPS handles cases from the police, HMRC, and government departments.
Private individuals can also bring prosecutions, but CPS can intervene in private prosecutions and control the prosecution.
- Should it do so, it becomes the sole arbiter of how that prosecution is run, including using its power to discontinue proceedings.

Question 4

What happens during a plea?

Answer 4

Occurs at the defendant’s first court hearing or a subsequent hearing. Determines whether the case proceeds to trial or sentencing.

Types of Pleas:

Not Guilty:
Result: A trial must be held to determine guilt or innocence.

Guilty:
Result: No trial is required; the next stage is sentencing.

Question 5

What happens during a trial and what are the possible outcomes?

Answer 5

Prosecution’s Role: Prove the defendant committed the alleged offence by presenting evidence.

Evidence: Both parties may call evidence to support their case.

Court’s Decision: Determines whether the defendant is guilty or not guilty.

Outcome for Not Guilty: The defendant is acquitted of the charges and may go free.

Question 6

What happens during sentencing?

Answer 6

Sentencing: The defendant must be sentenced if found guilty or if they plead guilty.

Types of Sentences: Vary depending on the seniority of the court.

Ancillary Orders: May include costs and other orders, which also vary by court level.

Question 7

What are the conditions and requirements for appealing a criminal conviction or sentence, and what is necessary for appeals to higher courts?

Answer 7

Defendant Appeals:

Plead Guilty: Can appeal against the sentence imposed.
Found Guilty: Can appeal against both the conviction and the sentence.
Requirements for Appeals:

Crown Court to Court of Appeal: Requires leave and grounds of appeal.

Court of Appeal to Supreme Court: Requires leave and grounds of appeal. The Supreme Court will only hear the case if it involves a point of general public importance.

Question 8

Is funding available for defendants in criminal proceedings?

Answer 8

Yes, funding is available for defendants in criminal proceedings.

Private Funding: Defendants can fund their own defence privately.
Public Funding: Defendants can apply to the Legal Aid Agency for public funding.

Public Funding Trends:
The availability of public funding has sharply decreased over the last decade. As a result, there are more litigants in person (individuals who represent themselves) now than before.

Question 9

How is the application for public funding processed?

Answer 9

Application Form: Must be completed with personal details, income, and expenses.
Evidence Required: Defendants need to provide evidence to substantiate the financial information on the form.
Online Process: Applications are submitted through the Legal Aid Agency portal.

Question 10

What is the two-stage test for public funding?

Answer 10

Factors such as the likelihood of a defendant losing their liberty or being unable to understand proceedings must be taken into account.Interests of Justice: Based on Section 17 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Factors such as the likelihood of a defendant losing their liberty or being unable to understand proceedings must be taken into account.

Means Test: Requires the defendant’s means to be below a prescribed amount, which changes periodically.

Question 11

Can defendants make oral applications for legal aid directly to a judge or lay magistrates?

Answer 11

Defendants cannot make oral applications directly to a judge or lay magistrates except in certain urgent situations:

Application can be made to lay magistrates if public funding is refused by the designated official.

An application can be to a Crown Court judge where a person is charged with contempt of court, where a person is in breach of a court order and there is no time to instruct a solicitor or where a defendant is brought to court on a warrant for their arrest.

These three circumstances share the characteristics that they arise with some urgency and it allows the court to appoint counsel to represent an individual immediately.

Question 12

What are the classification of offences?

Answer 12

There are three classifications of offence.

a) Summary only offences;
b) ‘Either-way’ offences (also known as ‘indictable’ offences, in other words, capable of being tried on indictment); and
c) ‘Indictable only’ offences.

Note, classifications are only relevant to adults.
With youths, the potential sentence determines where their trial is held.

Question 13

How do you determine the classification of an offence?

Answer 13

Common law offences are indictable only. For example, murder falls under this category and can result in a sentence up to life imprisonment, as determined by the Crown Court.

Statutory offences can be classified by checking the maximum sentence in the relevant statute:
- If the statute specifies a maximum sentence ‘on summary conviction’ only, the offence is summary only.
- If it specifies a maximum sentence ‘on indictment’ only, the offence is indictable only.
- If it lists both ‘on summary conviction’ and ‘on indictment,’ the offence is either-way.

Question 14

What are Summary Only offences?

Answer 14

Summary only offences are crimes that can only be tried and sentenced in the magistrates’ court.

• Plea: A plea for a summary only offence is usually entered at the first hearing before the magistrates’ court.
• Trial: If a trial is necessary, it can only take place in the magistrates’ court.
• Sentence: If a defendant is convicted of a summary only offence, sentencing can only occur in the magistrates’ court.

Question 15

What is an indictable only offence?

Answer 15

Are only capable of being tried and sentenced in the Crown Court.

• Plea: The defendant will have their first hearing in the magistrates’ court, but the plea is entered at the Crown Court.
• Trial: If needed, it can only occur in the Crown Court.
• Sentence: If a defendant needs to be sentenced for an indictable only matter, it can only take place in the Crown Court.

Question 16

What are either-way offences, including the procedural overview?

Answer 16

Either way offences are capable of being tried and sentenced in either the magistrates’ court or the Crown Court.

Procedural Overview:

Plea: The defendant’s first hearing is in the magistrates’ court, where the court decides the appropriate venue for the trial. If the magistrates’ court declines jurisdiction, the case goes to the Crown Court. If the magistrates’ court accepts jurisdiction, the defendant can consent to the magistrates’ court or opt for a trial by jury in the Crown Court.

Trial: If needed, the trial will take place in either the magistrates’ court or the Crown Court, based on the decision made during the plea stage.

Sentence: If convicted in the Crown Court, sentencing occurs there. If convicted in the magistrates’ court, sentencing may take place there or the case may be committed to the Crown Court for sentencing if the magistrates’ powers are insufficient.

Question 17

What is the criminal court structure of England and Wales, including the roles and possible progressions of each court?

Answer 17

All cases start in the magistrates’ court or the Youth Court.

1. Magistrates’ Court:
   Handles first hearings for all defendants over 18 and for under-18s if jointly charged with an adult.
   Must try all summary only matters and may try any either-way matters.

From here cases might progress to:

• The Crown Court (trial court): Handles trial for indictable only matters and may try either-way matters. Appeals from this court are heard by the Court of Appeal (Criminal Division).
• The Court of Appeal (Criminal Division): Hears appeals from the Crown Court (trial court). Appeals on points of law of general public importance are heard by the Supreme Court.
• The Crown Court (appeal court): Handles appeals from the magistrates’ court and Youth Courts.
• The High Court: Can hear appeals by way of case stated and judicial review from the Crown Court (appeal court).
• High Court (Queen’s Bench Division): Hears appeals by way of case stated and judicial review from the magistrates’ court.

2. Youth Court:
   Handles first hearings for all defendants under 18 unless jointly charged with an adult. Trials for all youth defendants unless sent to the Crown Court for trial.

From here, cases might progress to:

• The Crown Court (appeal court): Handles appeals from the Youth Court.
• The High Court: Can hear appeals by way of case stated and judicial review from the Crown Court (appeal court).
• High Court (Queen’s Bench Division): Hears appeals by way of case stated and judicial review.

Question 18

What is a tribunal of fact and tribunal of law (in determining what each court does)?

Answer 18

• Tribunal of fact: the person or persons who make a decision as to disputed facts.
• Tribunal of law: the person or persons who make a decision as to disputed points of law.

Question 19

What does the magistrates’ court do in criminal justice proceedings?

Answer 19

Initial Hearing: All adults (18 and over) and youths jointly charged with adults have their first hearing here.

Trials: Hears all summary only offences.
Hears either-way offences if the magistrates accept jurisdiction and the defendant consents to a trial in this court.

Judges: District Judge: A full-time judge who oversees proceedings.
Deputy District Judge: A Barrister or Solicitor authorised to sit part-time.
Lay Magistrates: Two or three members of the public appointed to the Magistracy, with a legal adviser who provides legal guidance.

Mode of Address: District Judge/Deputy District Judge are addressed as “Judge.”
Lay Magistrates are addressed as “Sir” or “Madam,” as appropriate to the gender of the chair who sits in the middle.

Jury: None

Tribunal of Fact and Law: District Judge or Lay Magistrates are responsible for determining the facts and the law.

Sentencing Powers:
Imprisonment: Up to 6 months for summary only offences; up to 12 months for either-way offences.
Fines: Unlimited, or less if the maximum penalty is lower.
Committal for Sentence: Can commit defendants for sentence to the Crown Court for either-way offences, allowing the defendant to face the maximum sentence available on indictment.
Costs and Ancillary Orders: Can make orders for costs and other ancillary matters.

Appeals and Powers on Appeal: Has no criminal appellate jurisdiction.

Question 20

What does The Crown Court do in criminal justice proceedings?

Answer 20

Role: Predominantly a trial court.
Hears appeals and committals for sentence from the magistrates’ court. Regarded as one court that sits in different places.

Judges: Circuit Judge: Presides over cases in the Crown Court.
High Court Judge: Can also sit in the Crown Court.
Recorder: A Barrister, Solicitor, or judge from a lower court authorized to sit part-time.

Mode of Address: Recorder and Most Circuit Judges: Addressed as “Your Honour.”
High Court Judge, Senior Circuit Judge, Honorary Recorder: Addressed as “My Lord” or “My Lady.”

Jury: Present for trials only.
Composed of 12 members of the public who decide on guilt or innocence, but do not participate in sentencing.

Tribunal of Fact and Law: Tribunal of Fact: The jury decides facts during the trial.
Tribunal of Law: The judge provides legal rulings.

First Hearings: Defendants initially appear in the magistrates’ court or Youth Court.

Trials: Hears all indictable only offences.
Hears either-way offences where magistrates have declined jurisdiction or where the defendant elects trial in the Crown Court.
Can handle certain summary only offences if joined with indictable or either-way offences.

Sentencing Powers:
Imprisonment: Up to life or less, depending on statutory maximum.
Fines: Unlimited or less, depending on statutory maximum.
Costs and Ancillary Orders: Can impose costs and other orders.
Committals for Sentence: Can sentence defendants for either-way offences committed in magistrates’ court, applying any sentence available for that offence.

Appeals and Powers on Appeal: Hears appeals against conviction and sentence from the magistrates’ court and Youth Court.
Appeals are re-hearings with a Crown Court judge and two lay magistrates.
The Crown Court can make any decision the lower court could have made, and a defendant could receive a more severe sentence on appeal.

Question 21

What does the High Court do in criminal justice proceedings?

Answer 21

Jurisdiction:
Has limited jurisdiction in criminal matters.
Can ‘state a case’ or conduct judicial reviews of decisions made by the magistrates’ or Youth Court.
Can review cases heard on appeal by the Crown Court.
The Administrative Court can’t review matters related to trials on indictment but can review issues like irrational bail decisions.

Question 22

What does the Court of Appeal (Criminal Division) do in criminal justice proceedings?

Answer 22

Role: Hears appeals from the Crown Court. Requires leave for cases to be heard, except in contempt cases where the appeal is a right.

Judges: Judges of the Court of Appeal.
High Court Judges.
Crown Court Judges authorised to sit, excluding those who conducted the trial.

Mode of Address: Addressed as “My Lord” or “My Lady.”

Jury: No jury is present.

Tribunal of Fact: The Judges.
Tribunal of Law: The Judges.

First Hearing: Not a trial court; no first hearings occur.

Trials: Does not conduct trials but may receive new evidence in exceptional circumstances.

Sentencing Powers: Does not pass sentence but can alter sentences on appeal.

Appeals and Powers on Appeal:
Appeals Against Sentence: Can dismiss or uphold an appeal and adjust the sentence but cannot impose a more severe sentence.
Appeals Against Conviction: Can dismiss or uphold an appeal, quash the conviction, or order a retrial on prosecution application.
Appeals Against Terminatory Rulings: Can reverse the ruling and remit the matter back to the Crown Court.
Appeals on Preparatory Hearings in Serious Fraud Cases: Can reverse the ruling and remit the matter back to the Crown Court.
Application by the Attorney General for Unduly Lenient Sentences: Can increase the sentence to any that the Crown Court could have passed.
Application by the Attorney General on a Point of Law After Acquittal: Can provide an opinion but not affect the acquittal.
Determining a Reference from the Criminal Cases Review Commission: Can dismiss or quash the conviction and may order a retrial.

Question 23

What does the Supreme Court do in criminal justice proceedings?

Answer 23

Role: Hears appeals from the Court of Appeal.
Requires leave from the Court of Appeal or Supreme Court for an appeal.
Leave is granted only on points of law of general public importance.

Judges: Consists of Supreme Court Justices. Addressed as “My Lord” or “My Lady.”

Question 24

Generally, which courts are classed as trial courts and which are classed as appeal courts in criminal justice proceedings?

Answer 24

Trial courts: Youth Court, the magistrates’ court and the Crown Court

Appeal courts: the Crown Court, the High Court, the Court of Appeal (Criminal Division) and the Supreme Court.

Question 25

Where are professional conduct issues most likely to arise in a criminal practice context?

Answer 25

• Third-party instructions, e.g., attending the police station to represent a detainee on behalf of a relative.
• Conflicts, or potential conflicts of interest.
• Confidentiality and disclosure of other clients information which may help another case.
• Duties to the court and specific duties on advocates e.g. can I represent a
  defendant who has told me he is guilty? Can I represent a client who has told me that he is not guilty but wants to plead guilty?

Question 26

Which professional conduct issues arise through third-party intructions for police station attendances?

Answer 26

Client instructions:

CCS 1.1 provides that solicitors are generally free to decide whether or not to take on a client, as long as they do not unlawfully discriminate.
However, CCS 3.1 states that solicitors must act only on instructions from the client or someone properly authorised to give instructions on their behalf. If there is suspicion that the instructions do not represent the client’s wishes, the solicitor must be satisfied that they do before acting.

Third party instructions:

This may occur when a third party, such as a friend or relative of the client, instructs the solicitor after the client has been arrested.
PACE COP C Annex B paragraph 4 states that access to a solicitor cannot be delayed because they were instructed by someone other than the client. The detainee must be told the solicitor came at another’s request and be asked to confirm whether they wish to see that solicitor.

Procedure for Solicitors:

Contact the police station yourself to confirm the client’s wishes.
The police should confirm with the detainee if they wish to instruct you.
If the client agrees, the police will contact the Defence Solicitor Call Centre (DSCC), which will then instruct the solicitor, assuming they are contracted for publicly funded work.

Right to Consult a Solicitor:

Under s.58 PACE, suspects are informed of their right to consult with a solicitor.
The DSCC may already have been contacted, and either the solicitor of choice or the duty solicitor could already be representing the suspect.

Question 27

Which professional conduct issues arise through conflicts of interest between clients?

Answer 27

Conflicts of interest are governed by CCS 6.2, with further guidance from the Law Society’s practice note titled Conflicts of Interest in Criminal Cases (LSPNCI).

Prohibition on Acting:
If there is a conflict or a significant risk of a conflict between two or more current clients, a solicitor must not act for all or possibly any of them.
Although CCS 6.2 (a) & (b) lists exceptions, the LSPNCI clarifies that these do not apply in criminal litigation.
The principle is clear: if a conflict or a significant risk of conflict arises, the solicitor must not act for the clients involved.

Avoidance of Conflicts:
Due to the potential expense and disruption caused by conflicts, solicitors should not accept instructions if there is a significant risk of conflict.
Conflicts of interest may also affect a solicitor’s duties of confidentiality and disclosure.

Question 28

How can conflicts of interest be identified (professional conduct issues in CLP)?

Answer 28

Publicly Funded Cases: Regulations require one litigator to represent all co-defendants in legal aid cases unless there is, or is likely to be, a conflict of interest. This ensures the efficient use of public funds where appropriate.

Obligations Under the CCS: These obligations apply from an early stage, such as before a police interview. Solicitors must ensure that accepting instructions for a client does not create a conflict with another client being interviewed.

Assessing Conflicts: To assess potential conflicts, clients should not be interviewed together. Solicitors should obtain as complete instructions as possible from the first client before substantive contact with the second client.
Although differences in instructions between clients are common, the rules only prevent solicitors from acting if the risk of conflict is considered significant.

Question 29

What are the solicitor’s professional conduct duties regarding confidentiality and disclosure?

Answer 29

Under CCS 6.3, a solicitor must keep client affairs confidential indefinitely unless required by law or with client consent, even after the end of the clients retainer.

Under CCS 6.4, solicitors must inform clients of all material information they know, unless it conflicts with confidentiality. If confidential information relevant to another client arises, consent from the first client must be obtained. If consent is denied, the solicitor must cease acting for the second client.

However, Confidential information can be disclosed if the client consents, the information enters the public domain, or if disclosure is required by law or statute.

Question 30

How should conflicts of interest be managed between clients (professional conduct)?

Answer 30

Solicitors must not act for multiple clients if there is a conflict or significant risk of conflict, especially in criminal cases (CCS 6.2).

If confidential information from one client is relevant to another, the solicitor must stop acting for the latter if consent to disclose isn’t given. Information barriers cannot resolve conflicts in criminal cases, and one client cannot be passed to another lawyer in the same firm.

Question 31

What are a solicitor’s duties to the court, especially when they conflict with duties to clients (professional conduct)?

Answer 31

As an officer of the court (s.50(1) Solicitors Act 1974), solicitors must act with integrity and uphold justice.

They must not mislead the court (CCS 1.4) or tamper with evidence (CCS 2.1-2.2).

If a client insists on misleading the court, the solicitor must cease acting. In cases where a guilty client pleads not guilty, the solicitor must ensure not to assist in maintaining innocence through false evidence, though simply entering a not-guilty plea is not misleading.

Question 32

When will a solicitor be perverting the cause of justice?

Answer 32

There are some instances when breaching the CCS may also amount to perverting the course of justice.

This offence may be committed in any number of ways such as: manufacturing false evidence, destroying or concealing evidence, interfering with potential witnesses, knowingly acting for a defendant who has assumed a false name with intent to deceive the court and deliberately assisting your client to evade arrest.

Question 33

What are the Criminal Procedure Rules (CrimPR)?

Answer 33

CrimPR set out statutory and common law provisions governing criminal case management and operation.

Apply to all criminal cases in magistrates’ courts, Crown Court, and the criminal division of the Court of Appeal. Regularly updated to reflect legislative changes.

Question 34

What is the overriding objective of CrimPR and how is it met?

Answer 34

That criminal cases be dealt with justly.

Dealing with a criminal case justly includes:

• Acquitting the innocent and convicting the guilty.
• Fair treatment of both prosecution and defence.
• Recognising defendant rights, particularly under Article 6 of the ECHR.
• Respecting the interests of witnesses, victims, and jurors, and keeping them informed.
• Ensuring efficiency and expeditious handling of the case.
• Providing appropriate information to the court for bail and sentencing.
• Taking into account the offence’s gravity, complexity, consequences for those involved, and the needs of other cases.

Question 35

What are the duties of the participants in a criminal case under the Criminal Procedure Rules (CrimPR)?

Answer 35

• Prepare and conduct the case in line with the overriding objective.
• Comply with the Criminal Procedure Rules, practice directions, and court orders.
• Immediately inform the court and all parties of any significant failure to follow procedural steps, even if they are not responsible. A failure is significant if it might hinder the court’s ability to achieve the overriding objective.

Participants include anyone involved in the case, e.g., prosecutors, defence solicitors, jurors etc.

Question 36

How do the courts apply the overriding objective?

Answer 36

The court must further the overriding objective in particular when:

• exercising any power given to it by legislation (including these Rules);
• applying any practice direction; or
• interpreting any rule or practice direction.’

Question 37

What are the key duties related to case management under Part 3 of the Criminal Procedure Rules (CrimPR)?

Answer 37

Court’s duty (Rule 3.2): The court must actively manage cases to ensure efficiency and fairness.
Parties’ duty (Rule 3.3): Parties must assist the court in carrying out its case management duties.

There is some overlap here.

Question 38

What do the CrimPR rules state regarding focus on the real matters in dispute?

Answer 38

Rule 3.2(2)(a) focuses on identifying the real matters in dispute between the defence and the prosecution early in the case. Examples include:

• A claim of mistaken identification by the defendant.
• A challenge to the admissibility of a confession.

Early identification of these issues helps prevent surprises at trial and allows for a more efficient resolution of the case.

Question 39

What do the CrimPR rules state regarding the Presentation of evidence?

Answer 39

Evidence, whether disputed or not, be presented in the shortest and clearest way.

The defence, by reviewing prosecution witness statements and the client’s instructions, can determine which evidence is disputed and which is not.

For example - If the defence challenges the identification of the defendant by a witness it will be necessary to call that witness so that they can be cross examined about the purported identification.

Question 40

What do the CrimPR rules state regarding delay and cooperation?

Answer 40

Rule 3.2(2)(f) discourages delays by handling as many case aspects early and avoiding unnecessary hearings. Persistent prosecution delays may lead to the case being discharged.

Rule 3.2(2)(g) promotes co-operation, requiring advocates to inform defendants that trials may proceed in their absence if they fail to attend.

Question 41

What do the Criminal Procedure Rules cover regarding directions?

Answer 41

Both the Crown Court and magistrates’ court can issue wide-ranging case management directions under Rule 3.5, which include matters like timescales, disclosure, expert evidence, and reporting restrictions.

Parties can also request directions, and courts often use standard directions, especially for summary trials in magistrates’ courts. These can be amended with the court’s consent.

Question 42

What do the CrimPR rules state about Standard directions?

Answer 42

Bad Character & Hearsay Evidence: Prosecution must notify within 20 days of a not guilty plea if intending to introduce a defendant’s bad character or hearsay evidence.
Defence must indicate opposition to such applications within 10 days of receiving notice.

Defence Statements & Witnesses: Defence must serve a statement within 10 business days of prosecution disclosure.
Witness attendance requests must be notified within 5 business days after receiving the witness statement.

Hearsay Evidence: Defence must notify intention to rely on hearsay evidence as soon as reasonably practicable.

Bad Character of Prosecution Witness: Defence must apply to introduce this evidence within 10 business days after prosecution disclosure.

Statements & Legal Points: Defence must serve any statements for witnesses not giving live evidence at least 10 days before trial. Points of law must be identified with skeleton arguments 10 days before trial.

Readiness for Trial: Both parties must serve a certificate of readiness 10 days before trial.

Question 43

What do the CrimPR rules state about sanctions?

Answer 43

General Sanctions:
The court may:
* Fix, postpone, bring forward, extend, cancel, or adjourn a hearing.
* Make a costs order.
* Impose any other appropriate sanction.

Additional Consequences:
The court may:
* Refuse to allow introduction of evidence.
* Deem evidence inadmissible.
* Draw adverse inferences from late introduction of issues or evidence.

Question 44

What do the CrimPR rules state regarding case preparation and the conduct of a trial?

Answer 44

Case Progression:
Cases should progress without unnecessary delay.
The court can proceed with a case in the defendant’s absence if necessary.
A plea must be entered to set an appropriate timetable.

Trial Management (Rule 3.13):
The court, with active assistance from parties, will:
Establish disputed issues.
Set a timetable.
Consider witnesses.
Limit the duration of hearing stages if needed.

Question 45

What are the types of summary-only offence?

Answer 45

• Assault
• Battery
• Simple criminal damage where the value is £5,000 or less.
• An attempt to commit simple criminal damage of £5,000 or less.

Question 46

What are the types of either-way offence?

Answer 46

• Theft- s 1 Theft Act 1968
• Burglary- s 9(1)(a) or s 9(1)(b) Theft Act 1968
• Fraud:
  by false representation
  by abuse of position
  by failing to disclose
• Assault occasioning actual bodily harm- s 47 Offences Against the Person Act (OAPA) 1861
• Wounding or inflicting grievous bodily harm- s 20 OAPA 1861
• Simple criminal damage where the value exceeds £5,000
• Simple arson

Attempts to commit either-way offences will be triable either way.

Question 47

What are the types of indictable only offence?

Answer 47

• Robbery- s 8 Theft Act 1968
• Wounding or causing grievous bodily harm with intent- s 18 OAPA 1861
• Agravated burglary- s 10 Theft Act 1968
• Aggravated arson
• Aggravated criminal damage
• Murder- where a verdict of voluntary manslaughter can be a possible outcome
• Involuntary manslaughter:
• Unlawful act manslaughter
• Manslaughter by gross negligence

Attempts to commit indictable only offences will be triable only on indictment.

Question 48

What classification of offence is criminal damage?

Answer 48

Criminal damage can be:

• A summary only; or
• An either-way offence.

It is an important exception

Question 49

How is the value of damage determined for categorising criminal damage offences, and what are the implications for sentencing?

Answer 49

Value £5,000 or Below:
- Category: Summary only.
- Maximum Sentence: Three months’ imprisonment or a fine at level 4 on the standard scale.
- Commital for Sentence: Not applicable.

Value Over £5,000:
- Category: Triable either-way.
- Magistrates’ Court Maximum Sentence: Twelve months’ imprisonment or a fine at level 5 on the standard scale.
- Indictment Maximum Sentence: Ten years’ imprisonment.
- Commital for Sentence: Applicable, i.e. sending someone to another court to be sentenced, or sending someone to be detained.

Value Uncertain:
- Defendant’s Consent: If the defendant consents to summary trial, the case is tried summarily with a maximum sentence of three months or a level 4 fine.
- Without Consent: The offence is treated as either-way, with higher sentencing powers applying on conviction.

Question 50

What is the exception to the calculation of the damages of an offence?

Answer 50

Section 22 Magistrates’ Court Act (MCA) 1980 states that the value of the damage determines the classification of the offence. However, this does not apply where criminal damage is caused by fire – arson is always an either-way offence.

Question 51

What classification of offence is low-value shoplifting?

Answer 51

Value £200 or Below:
Category: Summary only offence.
Trial: Adult defendants can still elect to be tried in the Crown Court.

Classification Clarification:
Proper Charge: Individuals accused of shoplifting are charged with theft.
Practical Implication: Despite the reclassification, shoplifting cases are still treated as either-way offences in practice, affecting trial venue and potential sentencing.