Classification of Offences Flashcards
What are the 3 ways Offences can be classified?
(1) Summary
(2) Either Way
(3) Indictable
What 2 Offences are Summary-Only?
(1) Assault
(2) Battery
What 6 Offences are Indictable-Only?
(1) Murder
(2) Manslaughter
(3) S18 GBH
(4) Robbery
(5) Aggravated Criminal Damage
(6) Aggravated Burglary?
What 5 Offences are Either Way?
(1) S20 GBH
(2) ABH
(3) Fraud
(4) Theft
(5) Burglary
Theft is an ‘Either Way’ Offence.
(1) Under what 2 conditions will it be tried as a ‘Summary’ offence?
(2) What does the D still have a right to do?
(1)
(a) Shoplifting offence
(b) <£200
(2) Elect tried at CC
Criminal Damage is an ‘Either Way’ Offence. When will it be tried as a ‘Summary’ offence?
Damage <£5,000
Burglary is an ‘Either Way’ Offence. When will it be tried as an ‘Indictable Offence’?
(1) +
(2) 1 of
(a) or
(b) or
(c)
(1) DOMESTIC DWELLING +
(2) 1 of
(a) PURPOSE to commit ‘INDICTABLE-ONLY’ Offence OR
(b) Victim THREATENED / SUBJECT VIOLENCE OR
(c) D’s 3rd CHARGE of Burglary since 1999