6) syllabus offences Flashcards
What are the three classifications of offences in Criminal Law?
Summary only, either-way, and indictable only offences
Which offences are classified as summary only offences?
- Assault
- Battery
- Simple criminal damage where the value is £5,000 or less
- Attempt to commit simple criminal damage £5,000 or less
Can assault and battery be the object of a criminal attempt?
No, as summary only offences
What is the legal reference for theft in the context of either-way offences?
s 1 Theft Act 1968
What are the types of fraud classified as either-way offences?
- By false representation
- By abuse of position
- By failing to disclose
Which offence is defined under s 47 Offences Against the Person Act?
Assault occasioning actual bodily harm
What is the classification of simple criminal damage where the value exceeds £5,000?
Either-way offence
Which offences are classified as indictable only offences?
- Robbery - s 8 Theft Act 1968
- Wounding or causing grievous bodily harm with intent - s 18 OAPA 1861
- Aggravated burglary - s 10 Theft Act 1968
- Aggravated arson
- Aggravated criminal damage
- Murder
- Involuntary manslaughter (unlawful act manslaughter, manslaughter by gross negligence)
What determines the classification of criminal damage offences?
The value of the damage
What is the threshold value for criminal damage to be classified as summary only?
£5,000 or below
What is the maximum sentence for summary only criminal damage?
Three months’ imprisonment or a fine at level 4 on the standard scale
What happens if the value of criminal damage is over £5,000?
The offence is triable either way, with a maximum sentence of twelve months’ imprisonment in magistrates’ court or ten years on indictment
What is the procedure if the value of criminal damage is uncertain?
The defendant is asked if they consent to be tried summarily
What is the classification of low value shoplifting where the value does not exceed £200?
Summary only offence
Can an adult defendant elect trial in the Crown Court for low value shoplifting?
Yes, despite it being classified as summary only
Is ‘shoplifting’ considered a separate offence?
No, it is charged as theft
What must the court consider when multiple offences are involved in criminal damage?
Whether they form part of a series of offences and can aggregate the value of the damage
