Classification of offences Flashcards
What category of offence is assault?
Summary only
What category of offence is battery
Summary only
What category of offence is simple criminal damage where the value is less than £5,000
Summary only
Which offences are classified as indictable only?
- Murder
- Involuntary Manslaughter
- Aggravated Burglary (s10 TA 1968)
- Aggravated Arson
- Aggravated Criminal Damage
- Robbery
- Wounding with intent (s18 OAPA)
When is theft treated as summary only?
When it is low value shoplifting of less than £200, although the defendant can still elect trial in the Crown Court
What type of offence is burglary
Either way
What type of offence is fraud
Either way
What type of offences are ABH and s20 OAPA
Either way
When is simple criminal damage deemed to be an either way offence?
When the value of the damage is greater than £5,000
What type of offence is simple arson?
Either way
How are attempted offences treated?
As if they were actually committed
What is the procedure for a plea in summary only offences?
A plea is usually entered at the first hearing before a magistrates’ court. All stages of trial and sentencing happen in the Mags’ court
Where must indictable only offences be tried?
Crown Court
What is the first step in the trial process for either-way offences?
The first hearing in the magistrates’ court where the court decides on the appropriate venue for trial
What happens if the magistrates’ court declines jurisdiction for an either-way offence?
The case will be heard in the Crown Court
What happens if the MC accepts jursidiction?
The defendant can consent to this or exercise their right to tiral by jury in the CC
Where will the trial for an indictable offence take place
In either the CC or MC
Where will sentencing take place if the D has their trial in the CC and is convicted there?
In the CC
Where will sentencing take place if the D is convicted after trial in the MC?
Either the MC will sentence, or if the MC find that their powers are insufficient, the D will be committed to the CC for sentence
