Classification of offences

Question 1

what are indictable offences?

Answer 1

either-way and indictable-only

Question 2

give examples of indictable-only offences (7)

Answer 2

murder, rape, manslaughter, s18 GBH, robbery, blackmail, kidnap

Question 3

give examples of either-way offences (7)

Answer 3

burglary, handling stolen goods, s20 GBH, ABH, sexual assault, threats to kill, dangerous driving

Question 4

give examples of summary offences (3)

Answer 4

common assault, s4&5 Public Order Act 1984, taking a vehicle without consent

Question 5

when is criminal damage a summary offence?

Answer 5

criminal damage is a summary offence unless:
o the damage is more than £5k; or
o it is caused by fire; or
o any damage to a memorial

Question 6

what is a memorial?

Answer 6

wide definition.

either:
o A building/structure/other thing erected; or
o A garden/something planted

for a commemorative purpose

Question 7

what is low-level shop lifting? what type of offence is this?

Answer 7

aggregate value of stolen goods does not exceed £200

this is a summary offence. If the value exceeds £200, it is tried as an either-way offence.

Question 8

what is the position regarding mode of trial of low-level shop lifting (summary offence)?

Answer 8

if D is over 18 and pleading NG, they can elect to being tried in the CC

Question 9

what is the role of the defence solicitor at the first hearing?

Answer 9

Secure legal aid before the hearing

Advise client
o Obtain initial details of defence prosecution from P
o Explain charges, procedures etc
o Advise client on trial venue (if applicable)

Represent client, inc.:
o Presenting case and mitigation where appropriate

Apply for bail where case has been adj. (for any reason)

Question 10

what are the MC’s max sentencing powers?

Answer 10

o One either-way offence  6 months
o 2 or more either-way offences  12 months

NB: must be either-way offences to receive 12m in prison. Cannot be one summary offence and one either-way.