Criminal Courts and Appeals - Three categories of offence A01

Question 1

What are the 3 types of offence

Answer 1

Summary
Triable either way
Indictable offences

Question 2

Define summary offences with examples

Answer 2

-lowest level of offence

e.g:
-speeding
-assault
-battery
-minor traffic offences

Question 3

Where are summary offences heard & what are the potential sentences

Answer 3

Magistrates court

Max sentence 6 months for a singular offence
Max sentence 12 months for two offences

Question 4

Define triable either way offences with examples

Answer 4

Middle ranking offences

-s.20 GBH
-criminal damage
-fraud

Question 5

Where are triable either way offences heard

Answer 5

Dependent on circumstances

Magistrates Court = if sentence is likely to within their jurisdiction (i.e 6 months)
Crown Court = more serious circumstances, likely to receive a higher sentence

Question 6

Define indictable offences and give some examples

Answer 6

Most serious offences

e.g:
Murder (mandatory life)
Rape
Robbery
Manslaughter
(all discretionary life)

Question 7

Where are indictable offences heard

Answer 7

Magistrates Court = preliminary hearing (all offence start in the MC)

Guilty plea = judge will sentence
Not guilty plea = trial by jury