2) Classification of offences Flashcards
What are the three classifications of offences?
- Summary only offences
- Either-way offences
- Indictable only offences
Classifications are only relevant to adults; for youths, the potential sentence determines where their trial is held.
What is the maximum sentence for common law offences?
The maximum sentence is ‘at large’, meaning any sentence up to and including life imprisonment may be imposed by the Crown Court.
An example of a common law offence is murder.
How can one determine if an offence is summary only?
If the maximum sentence is ‘on summary conviction’ only, then it is a summary only matter.
What is the procedure for pleading in summary only offences?
A plea is usually entered at the first hearing before a magistrates’ court.
Where can summary only offences be tried and sentenced?
Only in the magistrates’ court.
What is the procedure for pleading in indictable only offences?
The plea will be entered at the Crown Court after an administrative hearing in the magistrates’ court.
Where can indictable only offences be tried and sentenced?
Only in the Crown Court.
What defines either-way offences?
They are capable of being tried and sentenced in either the magistrates’ court or the Crown Court.
What happens during the plea stage for either-way offences?
The defendant has the first hearing in the magistrates’ court where the court decides on the appropriate venue for trial.
What occurs if the magistrates’ court declines jurisdiction in an either-way offence?
The case will be heard in the Crown Court.
What can a defendant choose if the magistrates’ court accepts jurisdiction for an either-way offence?
The defendant can consent to being tried in the magistrates’ court or exercise their right to trial by jury in the Crown Court.
What happens if a defendant is convicted in the Crown Court for an either-way offence?
The Crown Court will sentence.
What happens if a defendant is convicted in the magistrates’ court for an either-way offence?
They can either be sentenced there or be committed to the Crown Court for sentence if the magistrates find their sentencing powers insufficient.
What is the impact of classification on the criminal justice process?
It impacts the location of the defendant’s plea, where the trial takes place, and where the defendant will be sentenced if found guilty.
