1. Overview of Criminal Procedure Flashcards
What are summary offences?
Summary offences are generally the least serious offences. They:
- Can only be tried in the magistrates’ court (except when sent to the Crown Court).
- Include offences such as common assault and criminal damage (value less than £5000).
What are indictable-only offences?
Indictable-only offences are the most serious offences. They:
- Can only be tried in the Crown Court.
- Include offences such as robbery, rape, and wounding/causing GBH with intent (Section 18).
What are either-way offences?
Either-way offences are offences that can be tried in either the magistrates’ court or the Crown Court. They include:
- Dishonesty offences: theft, burglary, fraud.
- Drug offences: supply of Class A or B drugs, possession of Class A or B drugs, possession with intent to supply Class A or B drugs.
- Violence offences: wounding/causing GBH (Section 20), assault causing ABH (Section 47).
- Criminal damage where the value exceeds £5000.
What is the role of the magistrates’ court?
The magistrates’ court:
- Hears summary and either-way offences.
- Is presided over by lay magistrates (unpaid volunteers) with legal advisors or district judges for more serious/legal matters.
- Can send indictable offences to the Crown Court for trial or sentencing.
- Allows appeals to the Crown Court or the High Court (on points of law).
What is the role of the Crown Court?
The Crown Court:
- Has exclusive jurisdiction over indictable-only offences.
- Handles trials presided over by a judge and jury.
- Can impose any sentence up to the maximum allowed for the offence.
- Is presided over by circuit judges, recorders, or High Court judges for serious cases.
- Hears appeals from magistrates’ court decisions.
Where do Appeals from Crown Court go?
Where do appeals from Court of Appeal (Criminal Division) go?
High Court
Supreme Court - but must be xx
What is the route of appeals from the High Court in criminal matters?
Appeals from the High Court in criminal matters bypass the Court of Appeal and go directly to the Supreme Court, provided the case involves a point of law of general public importance.
Which offences fall under summary offences?
Summary offences include common assault and criminal damage where the value is less than £5000.
Which offences fall under indictable-only offences?
Indictable-only offences include robbery, rape, and wounding/causing GBH with intent (Section 18 of the OAPA 1861).
Which offences fall under either-way offences?
Either-way offences include:
- Dishonesty offences: theft, burglary, fraud.
- Drug offences: supply or possession of Class A or B drugs, possession with intent to supply.
- Violence offences: wounding/causing GBH (Section 20), assault causing ABH (Section 47).
- Criminal damage where the value exceeds £5000.
Max sentence in magistrates
maximum imprisonment sentence for a summary offence is 6 months, and for an either-way offence is 12 months.
unlimited fine
