Classification of Offences Flashcards
How many classifications of offences exist in England and Wales?
A) Two
B) Three
C) Four
D) Five
B) Three
Which of the following is NOT a classification of offences?
A) Summary only offences
B) Either-way offences
C) Indictable-only offences
D) Civil offences
D) Civil offences
How are offences classified for youths?
A) Based on the classification system used for adults
B) Based on the potential sentence
C) Based on where the crime was committed
D) Based on the decision of the prosecution
B) Based on the potential sentence
How can the classification of a statutory offence be determined?
A) By checking whether the defendant is legally represented
B) By referring to a practitioner text or the relevant statute
C) By the personal opinion of the magistrates
D) By reviewing similar past cases
B) By referring to a practitioner text or the relevant statute
If a statute states that an offence has a maximum sentence “on summary conviction” only, what type of offence is it?
A) Summary only
B) Indictable only
C) Either-way
D) Civil offence
A) Summary only
If a statute sets a maximum sentence both “on summary conviction” and “on indictment,” what type of offence is it?
A) Summary only
B) Indictable only
C) Either-way
D) Hybrid offence
C) Either-way
What is true about common law offences?
A) They are always summary only
B) They are always indictable only
C) They can be heard in either the magistrates’ or Crown Court
D) They are tried in civil courts
B) They are always indictable only
Where are summary only offences tried?
A) Crown Court
B) Magistrates’ Court
C) Supreme Court
D) Court of Appeal
B) Magistrates’ Court
When is a plea entered for a summary only offence?
A) At the first hearing in the magistrates’ court
B) At a later hearing in the Crown Court
C) After the trial concludes
D) Only if the case is appealed
A) At the first hearing in the magistrates’ court
Can a summary only offence ever be tried in the Crown Court?
A) No, it must always be tried in the magistrates’ court
B) Yes, if the defendant chooses to be tried there
C) Yes, if it is linked to an indictable-only offence
D) Only if the prosecution requests it
C) Yes, if it is linked to an indictable-only offence
- Where must all indictable-only offences be tried?
A) Magistrates’ Court
B) Youth Court
C) Crown Court
D) County Court
C) Crown Court
When is a plea entered for an indictable-only offence?
A) At the first hearing in the magistrates’ court
B) Only after a trial has begun
C) In the Crown Court
D) During police questioning
C) In the Crown Court
What is the purpose of the magistrates’ court hearing for an indictable-only offence?
A) To determine guilt or innocence
B) To sentence the defendant
C) To administratively transfer the case to the Crown Court
D) To allow the defendant to appeal
C) To administratively transfer the case to the Crown Court
Where can either-way offences be tried?
A) Only in the Crown Court
B) Only in the magistrates’ court
C) In either the magistrates’ court or Crown Court
D) Only in the Youth Court
C) In either the magistrates’ court or Crown Court
What determines the trial venue for an either-way offence?
A) The defendant’s age
B) The magistrates’ court’s decision and the defendant’s choice
C) The severity of the crime under common law
D) The availability of jury members
B) The magistrates’ court’s decision and the defendant’s choice
What is “declining jurisdiction” in an either-way offence case?
A) When a magistrates’ court sends a case to the Crown Court for trial
B) When the Crown Court refuses to hear a case
C) When a defendant chooses to represent themselves
D) When a magistrate refuses to hear a case due to personal bias
A) When a magistrates’ court sends a case to the Crown Court for trial
When an either-way offence is heard in the magistrates’ court, where is the defendant sentenced if convicted?
A) Always in the magistrates’ court
B) Always in the Crown Court
C) In the magistrates’ court unless their sentencing powers are insufficient
D) The case is dismissed without sentencing
C) In the magistrates’ court unless their sentencing powers are insufficient
If an either-way offence is heard in the Crown Court and the defendant is convicted, who sentences them?
A) The magistrates
B) The prosecution
C) The Crown Court judge
D) The defendant themselves
C) The Crown Court judge
A defendant is charged with theft, which is an either-way offence. The magistrates’ court determines that it is suitable to be retained in their jurisdiction. What can the defendant do next?
A) Request trial in the Crown Court
B) Demand that the case be dismissed
C) Automatically be sentenced in the Crown Court
D) Request a retrial
A) Request trial in the Crown Court
A defendant is charged with burglary, an either-way offence. The magistrates’ court declines jurisdiction due to the seriousness of the case. What happens next?
A) The defendant is automatically convicted
B) The case is transferred to the Crown Court for trial
C) The magistrates’ court conducts the trial but increases sentencing powers
D) The defendant is allowed to choose a different court
B) The case is transferred to the Crown Court for trial
