Classification of Offences Flashcards
What is the Hierarchy of courts (top to bottom)?
1) Supreme Court
2) Court of Appeal (Criminal Division)
3) High Court
4) Crown Court
5) Magistrates’ Court
6) Youth Court
What are the classification of offences?
a) Summary only offences
b) Either-way offences (indictable)
c) Indictable only offences
Are classifications relevant to youths?
No
What are common law offences?
Indictable only (e.g. Murder)
What is ‘at large’ sentence?
Common law sentence for life
How do you know if an offence is a statutory offence?
- Consult practitioner text; or
- Look at maximum sentence set out in statute
o If there is maximum sentence ‘on summary conviction’ only, then it is a summary only matter
o If there is a maximum sentence ‘on indictment’ only then it is an indictable only matter
o If it lists both a maximum ‘on summary conviction’ and a maximum ‘on indictment’ then it is an either-way matter
Where are summary only offence tried and sentenced?
Only in Magistrates’ court
When is summary only plea?
At first hearing
Where is summary only trial and sentence?
If needed, only at Magistrates’
Where can indictable only be tried and sentence?
In Crown Court
Where is plea taken for indictable only?
Administratively, at Magistrates’. But they cannot actually take the plea.
Where can either-way be tried and sentence?
Either Magistrates’ or Crown Court
Where is plea of an either-way?
At first hearing at Magistrates.
Who determines if either-way stays in Magistrates’ or goes Crown Court?
First, the Magistrates’ will decide if appropriate venue. Then, D has option to elect if the Magistrates accept jurisdiction.
