First hearings (W5)

Question 1

D5.20 - Disclosure of initial details of prosecution case

Answer 1

• CrimPR Part 8 applies in every case.
• Rule 8.2(1)(a) requires the prosecutor, as soon as is practicable and in any event no later than the beginning of the first day of the first hearing, to provide to the court ‘initial details’ of the prosecution case.
• If the accused requests the initial details, the prosecutor must serve them as soon as practicable and in any event, no later than the beginning of the day of the first hearing
• If the accused does not request those details, the prosecutor must make them available to the accused at, or before, the beginning of the day of the first hearing.

Question 2

D5.20 - Definition of ‘initial details’ of the prosecution case

Answer 2

Where the accused is in police custody immediately before the first hearing in the magistrates:

• comprises a ‘summary of the circumstances of the offence’,
• and the accused’s criminal record

Where the accused is not in custody:

• Summary of the circumstances of the offence
• Any written witness statements (including exhibits) that the prosecutor has available at that stage and which the prosecutor considers to be material to the plea, to where the case should be tried, or to sentence
• the accused’s criminal record
• any available statement of the effect of the offence on victims or their family (or on others)

Question 3

D5.20 - Crim PD I para 3A.4 Guidance on initial details

Answer 3

• information must be sufficient to allow the accused and the court to take an informed view on plea and (where applicable) venue for trial
• where the accused is on bail and the prosecutor does not anticipate a guilty plea at first hearing, initial details must be sufficient to assist the court to identify the real issues and to give appropriate directions for an effective trial
• the information required by the Preparation for Effective Trial form must be available to be submitted at first hearing, and the parties must complete that form.

Question 4

D5.38 - Pre-trial hearings by live link

Answer 4

• An accused may appear at preliminary hearings and sentencing hearings via a live link from prison or from a police station.
• The accused is to be treated as present at court when appearing via live link
• encouraged where it is ‘lawful and in the interests of justice’
• need to be able to see and hear each properly, and needs to be open to the public

Question 5

D5.41 - Options when an accused has been bailed to appear at a magistrates’ court fails to do so

Answer 5

(a) issue an arrest warrant under s7 BA 1976
(b) extend bail in accordance with s 129(3) MCA 1980
(c) proceed in the absence of the accused under s.11(1) MCA 1980

Question 6

D21.33 - First hearing if the accused is in custody

Answer 6

• Indictable offence: proceed ‘at once’ with the allocation of the case for trial and if so required, the sending of the accused to the Crown Court for trial
• Summary or either-way allocated for summary trial: give such directions as are necessary, to either prepare for sentencing or for trial

Question 7

D21.33 - First hearing if the accused is on bail

Answer 7

• case must be listed for first hearing 14 days after charge (or the next available court date thereafter) if the prosecutor anticipates a guilty plea ‘which is likely to be sentenced in the magistrates’ court.’
• Where it is anticipated the accused will plead NG, or that the case is likely to be sent for trial/committal in the Crown Court, the case must be listed for the first hearing 28 days after charge

Question 8

D21.33 - Where an accused pleads guilty or indicates a guilty plea in a magistrates’ court

Answer 8

• Court should consider whether a pre-sentence report is necessary
• Where a magistrates’ is considering committal for sentence or the accused has indicated they will plead guilty to an offence which is to be sent to the Crown Court, the magistrates should request a PSR for use by the Crown Court if they consider that there is a realistic alternative to a custodial sentence, the accused may satisfy the criteria for classification as a dangerous offender or if there is some other appropriate reason for doing so.

Question 9

D21.33 - s.50 CDA 1998 (early administrative hearings)

Answer 9

• Where the accused has been charged with an offence at a police station, the magistrates’ court before which the accused appears for the first time may consist of a single justice.
• At a hearing under s.50, the accused is asked whether he/she wishes to be provided with legal aid and if they do so wish, necessary arrangements for an application must be made and if necessary, the hearing adjourned for this purpose.
• On adjourning, the magistrate may remand the accused in custody or on bail.
• An early administrative hearing may be conducted by a justices’ clerk but the clerk is not empowered to remand the accused in custody or without the consent of the prosecutor and accused, to remand the accused on bail on conditions other than those previously imposed.

Question 10

D21.33 - when s.50 can be used

Answer 10

• Applies only where the accused was charged at the police station, not when they are granted police bail and then charged by a written charge and requisition
• However, there is nothing to prevent the magistrates operating a system of early administrative hearing in all cases where a NG plea is expected.

Question 11

D21.34 - Preparation for trial hearings

Answer 11

• Crim PR 3.16: a magistrates’ court must conduct a preparation for trial hearing (unless the accused is sent for trial in the Crown Court or enters a written guilty plea, or the single justice procedure applies).
• The court may conduct one or more further pre-trial case management hearings if:
  (i) they anticipate a guilty plea
  (ii) it is necessary in order to give directions for an effective trial
  (iii) such a hearing is required to set ground rules for the questioning of a witness or defendant

Question 12

D21.34 - what must happen at a preparation for trial hearing

Answer 12

• ‘the court must give directions for an effective trial’
• If the accused is present, the court must:
  (a) satisfy itself that the accused understands that credit will be received for a guilty plea;
  (b) take a plea from the accused;
  (c) unless the accused pleads guilty, satisfy itself that the accused understands that, at the trial:
  (i) he/she will have the right to give evidence after the court has heard the prosecution case;
  (ii) if the accused does not attend, the trial is likely to take place in their absence; and
  (iii) if released on bail, failure to attend court when required to do so is an offence that may lead to arrest and punishment, and bail may be withdrawn.
• Court is also required to ascertain the name, DOB and nationality of the accused.
• Hearings usually take place in public.

Question 13

D21.35 - Pre-trial rulings

Answer 13

• MCA 1980, s.8A applies to cases that are to be tried summarily where the accused has entered a NG plea.
• At the hearing, the magistrates may decide any question as to the admissibility of evidence and any other question of law relating to the case.
• Such rulings may only be made if the court has given the parties an opportunity to be heard and it appears to the court that it is in the interests of justice to make the ruling.
• If the accused is unrepresented, they must be given the chance to apply for legal aid.
• Pre-trial rulings may be made on the application of the defence, prosecution, or the court’s own motion.

Question 14

D21.35 - Effect of pre-trial rulings

Answer 14

• s.8B(1): a pre-trial ruling is binding until the case against the accused is disposed of.
• the court may, on application of a party or by its own motion, discharge or vary a pre-trial ruling provided it is in the interests of justice to do so, and the court has given parties an opportunity to be heard.
• A party can apply for the ruling to be discharged or varied only if there has been a material change of circumstances since the ruling was made or if there has been a previous application to do so, since that application was made.
• there is no provision for appeals against such rulings but an error of law in such a ruling could form the basis of an appeal by way of case stated once there has been a final determination of the proceedings in the magistrates’ court.

Question 15

D21.40 - Essential case management

Answer 15

• Where the accused pleads NG, the parties must identify the disputed issues and tell the court what they are. The live evidence at trial should be confined to these issues and so only witnesses ‘who are really needed in relation to genuinely disputed, relevant issues should be required to attend.’
• The court’s directions must include a timetable for the progress of the case, and the parties are required to warn the court promptly if any problems are anticipated.
• any time estimate of more than a day in the magistrates court should be ‘scrutinised with the utmost rigour’

Question 16

D12.100 - Ambiguous pleas

Answer 16

• If an accused purports enter a guilty plea but qualifies it with words e.g. ‘guilty, but it was an accident’, or ‘guilty, but I was going to give it back’, the court must explain the relevant law and seek to ascertain whether the accused genuinely intends to plead guilty.
• If it cannot be clarified, the court must enter a NG plea to be entered on the accused’s behalf.

Question 17

D6.18 - Advantages of summary trial

Answer 17

• Limit on the sentence which the magistrates can pass (6 months imprisonment for one either way offence, an aggregate of 12 months for two or more)
• However, they can still commit to the Crown Court for sentence.
• Shorter and less formal than trial on indictment, and therefore cheaper (particularly relevant if the accused is not legally aided)

Question 18

D6.18 - Advantages of trial on indictment

Answer 18

• Submissions on the admissibility of evidence are made in the absence of the jury
• Defence are entitled to receive copies of the written statements of witnesses to be called by the prosecution
• Less likely to be convicted

Question 19

D9.29 - Defence statement

Answer 19

CPIA 1996, s.5: once the case is sent to the Crown Court and the prosecution case is served, the accused must give a defence statement to the court and the prosecutor.

Question 20

D9.29 - What the defence statement must include

Answer 20

• The nature of the accused’s defence, including any particular defences upon which the accused intends to rely;
• The matters of fact on which the court takes issue with the prosecution, with the reasons why;
• Particulars of the matters of fact on which the accused intends to rely for the purposes of defence; and
• any points of law which the accused wishes to take, with any authorities relied upon.

Question 21

D9.37 - Defence statements in cases tried summarily

Answer 21

• No obligation on the defence to provide a defence statement.
• However, once the prosecutor has complied with the duty to disclose unused material, the accused may give the prosecutor and the court a defence statement
• In the absence of a defence statement, the accused cannot make an application for specific disclosure under s.8 CPIA 1996 and the court cannot make any orders for disclosure of unused prosecution material.
• Where the accused chooses to serve a defence statement, this must be done within 14 days from the date on which the prosecutor complies or purports to comply with the initial duty of disclosure. The court can extend this on the application of the accused.

Question 22

D9.37 - Requirements of defence statements in cases to be tried summarily

Answer 22

(1) Defence advocates must give consideration at an early stage whether to serve such a statement.
(2) Defence statements must contain a clear and detailed exposition of the issues of fact and law in the case
(3) Where late service of a defence statement results in potential delay to proceedings, any application to adjourn for further disclosure or to make an application under s.8 must be scrutinised carefully by the court.
(4) Any case which raises difficult issues of disclosure should be referred to a district judge, where one is available.
- Whether or not a defence statement is served, the defence must identify the real issues in a case in accordance with the overriding objective in CrimPR 1.1

Question 23

D22.70 - Duty to give reasons on the issue of guilt

Answer 23

• CrimPR 24.3(5): if the court convicts an accused or gives a hospital order, it must give ‘sufficient reasons to explain its decision.’
• However, this is not required to be in the form of a judgment or in any elaborate form.
• If a party wishes to obtain more detailed reasons, it can make a request to the magistrates to state a case.
• If the court acquits, it may, but is not obliged to, give an explanation of its decision.

Question 24

D6.7 - Plea before venue

Answer 24

• s.17A MCA 1980 applies whenever a person 18+ appears before a magistrates court charged with an either way offence
• should take place in the presence of the accused
• standard procedure:
  (a) Charge is written down and read to the accused
  (b) Court explains that the accused may indicate whether the plea would be G or NG if the offence were to proceed to trial. Court should explain that if G, the court will either proceed to sentence or commit for sentence
  (c) Court asks the accused for indication of plea
  (d) If the accused indicates G, court proceeds to sentencing stage
  (e) If the accused indicates NG, an allocation hearing must take place (s.18). If the accused fails to give indication, this will be taken as indication of intention to plead NG.

Question 25

D6.8 - Allocation

Answer 25

(a) The court gives P and D opportunity to make representations as to whether the offence is more suitable for summary trial or indictment. P must be given the opportunity of informing the magistrates of any pre-cons as this would affect sentence.
(b) The court decides whether the offence is more suitable for summary trial or for trial on indictment.
(c) If the court decides summary trial is more appropriate, it must explain to the accused that:
(i) that the accused can either consent to be tried summarily or elect to be tried on indictment
(ii) if the accused is tried summarily and convicted, they may still be committed for sentence
(d) The accused may request that the magistrates indicate whether, if the accused were to be tried summarily and plead guilty at that stage, the sentence would be custodial or non-custodial. The magistrates are not obliged to give such an indication. If they do, they must ask the accused if they want to reconsider their indication of plea given. If they do, the court must ask for a fresh indication of plea, and so the plea before venue stage is repeated.
(e) If the accused indicates guilty, this will be treated as a guilty plea and the magistrates will proceed to sentencing or adjourn for PSR. In such a case, a custodial sentence will only be available if this was indicated by the court. However, if an indication has been given and the accused chooses not to plead guilty, this is not binding on the magistrates who later try the case or on the Crown Court
(f) If the court does not give an indication of sentence, or if the accused does not wish to reconsider their own indication of plea, then the accused is asked whether they consent to summary trial
(g) The court either proceeds to summary trial or sends the case to the Crown Court under s.51 CDA 1998
(h) If it appears to the court that trial on indictment is more appropriate, it tells the accused this and sends the case to the Crown Court under s.51

Question 26

D6.8 - What the court must consider when deciding which mode of trial is more suitable

Answer 26

(i) whether the sentence which a magistrates’ court would have power to impose would be adequate;
(ii) any representations made by the prosecution or accused
(iii) allocation guidelines issued by the Sentencing Council

Question 27

D6.9 - Presence of the accused at a plea before venue hearing and allocation

Answer 27

The accused must generally be present (MCA 1980, s.17A, s.18(2))

Question 28

D6.9 - Plea before venue may take place in the absence of the accused if… (s.17B MCA 1980)

Answer 28

(a) the accused is represented by a legal representative; and
(b) the court considers that, by reason of the accused’s disorderly conduct before the court, it is not practicable for the proceedings to be conducted in their presence; and
(c) the court considers that it should proceed in the absence of the accused.
- The representative is asked to indicate whether the accused intends to plead G or NG

Question 29

D6.9 - Allocation can take place in the absence of the accused under either s.18(3) or s.23 MCA 1980….

Answer 29

(a) s.18(3): if it considers that by reason of disorderly conduct before the court, it is not practicable for proceedings to be conducted in the presence of the accused. The legal representative speaks on behalf of the accused.
(b) s.23: the accused is legally represented, and the legal representative indicates to the court that the accused consents to the allocation being conducted in their absence, and there is a good reason for this.
- The court may use live link in a case where the accused is held in custody and facilities are available there.

Question 30

D23.35 - Legitimate expectation

Answer 30

• Discretion of the magistrates to commit for sentence is subject to the general principle of legitimate expectation.
• If the offender has been led to believe, whether expressly or by implication, that the magistrates will pass sentence, the offender should not be committed for sentence.

Question 31

D6.12 - Binding effect of indication of sentence

Answer 31

• Where the court gives an indication of sentence under s.20(4) MCA 1980, and the accused then indicates a guilty plea, s.20A(1) stipulates that ‘no court…may impose a custodial sentence for the offence unless such a sentence was indicated’
• This does not apply where there is a power under s.3A(2) PCC(S)A 2000 to commit/extend sentence if it appears to the court that extended sentences for dangerous offenders applies
• Power to commit for sentence under s.4 PCC(S)A 2000 also means this does not apply

Question 32

D6.13 - Magistrates’ decision whether to accept jurisdiction upon indication of NG plea

Answer 32

• s 19(3) MCA 1980 sets out matters to which the magistrates must have regard
• most important is whether their sentencing powers would be adequate
• where the accused is charged with more than one offence, the magistrates are required to look at the totality of the allegations
• it is open to the magistrates to also consider other factors

Question 33

D6.14 - Allocation guideline

Answer 33

The Sentencing Council’s Allocation Guideline states that in general, either-way offences should be tried summarily unless:

(a) the outcome would clearly be a sentence in excess of the court’s powers after taking into account personal mitigation and any potential reduction for guilty plea
(b) for reasons of unusual legal, procedural or factual complexity, the case should be tried in the Crown Court.
- In cases with no factual/legal complications, the court should bear in mind its power to commit for sentence after trial. So if the magistrates are uncertain, they should err on the side of summary trial.
- ‘all parties should be asked by the court to make representations as to whether the case is suitable for summary trial.’
- court should refer to the relevant offence-specific sentencing guidelines
- if the court decides it is suitable to be dealt with in the magistrates’, it must warn the accused that if they consent to summary trial, they may still be committed for sentence.

Question 34

D6.15 - Power to commit for sentence under s.3 PCC(S)A 2000

Answer 34

• The general power of the magistrates court to commit to the Crown for sentencing continues to be available where the court is of the opinion that ‘the offence or the combination of the offence and one or more offences associated with it was so serious that the Crown Court should…have the power to deal with the offender in any way it could deal with him if he had been convicted on indictment.’
• The court should refer to any sentencing guidelines, taking into account the circumstances of the case. In borderline cases, they should obtain a PSR before deciding whether to commit.
• Where the offending is so serious it should be committed to the Crown Court, the case should be committed even if a community order may be the appropriate sentence.

Question 35

D6.16 - Allocation where there are co-accused

Answer 35

• CrimPR 9.2: Court must explain that if one of them is sent to the Crown Court for trial, the other must also be sent to the Crown Court for trial
• To prevent the process of allocation being unnecessarily repeated, the court may ask the co-accuseds questions to decide in what order with which to deal with them (i.e. if one of them is going to elect trial on indictment, they should go first)

Question 36

D6.17 - Prosecution influence on allocation decision

Answer 36

• The most the prosecution can do is make representations that trial on indictment would be more appropriate due to the gravity of the offence.
• Where the case (a) involves fraud of such seriousness/complexity that it is appropriate that it should go to the Crown Court or (b) the accused is charged with an offence which involves assault on or injury to a person and a child will be called as witness at the trial so it should go to the Crown Court, the prosecution can serve a notice under CDA 1998 s.51B or 51C and the magistrates will be required to send the case to the Crown Court.

Question 37

D6.20 and 6.21 - Procedure on Criminal Damage charges

Answer 37

• For (a) offences of damaging or destroying property under s 1 CDA 1971, excluding those committed by fire and (b) aiding, abetting or counselling such offences
• Accused must have opportunity first to indicate plea
• Then need to decide whether the value exceeds the ‘relevant sum’ of £5,000
• If the property was allegedly destroyed or damaged beyond repair, the value involved is what it probably would have cost to purchase a replacement at the time of the offence
• If the property was repairable, the value is the probable market cost of repairs or probable market replacement cost, whichever is lower.
• There is no consideration of consequential losses, just the value of the thing itself.
• If it does not exceed the relevant sum, the magistrates must proceed as through the offence were only triable summarily
• If it exceeds it, it is obliged to follow the allocation procedure, as with any either way offence. This is the same if the value cannot be clarified.

Question 38

D6.23 - Procedure for determining the value involved

Answer 38

• The court is required to have regard to the representations of the parties but this does not entail an obligation to hear evidence.
• In a case where there is real difficulty determining the sum, the prosecution are entitled to say that they will not seek to prove that the accused caused any more damage than that which can be established with clarity, however the accused can still elect trial on indictment.

Question 39

D6.24 - Two or more criminal damage charges

Answer 39

• The relevant consideration is the aggregate value of the offences.
• This only applies where the offences could be joined together on an indictment, i.e. they founded on the same facts or constitute a series of offences linked by closeness in time and geographical location.

Question 40

D6.27 - Special provision for low value shoplifting

Answer 40

• Low value shoplifting (where the value of goods does not exceed £200) is triable only summarily.
• However, unlike criminal damage, the accused does retain the right to elect trial on indictment.
• Where there is more than one low value shoplifting charge, the value is aggregated but where the value cannot be aggregated if one of the charges is not a low value one (i.e. below £200)

Question 41

D23.30 - Committal for sentence under s.3 PCC(S)A 2000

Answer 41

• applies where a magistrates’ court has convicted an offender of one or more either-way offences and the court takes the view that the seriousness of the offence(s) is such that its sentencing powers are inadequate.
• in such a case, the magistrates’ may then commit an offender to the Crown Court to be sentenced.

Question 42

D23.42 - Committal for sentence under s.4 PCC(S)A 2000

Answer 42

• Where an accused has indicated a guilty plea to an either-way offence and is also sent for trial for one or more related offences, the magistrates may commit the offender to the Crown Court for sentence in respect of the either-way offence
• One offence is related to another if the charges for them could be joined in the same indictment if they were both in the Crown Court
• so the charges must be founded on the same facts or be part of a series of offences of similar character
• where the magistrates court has committed an offender for sentence under this section, the Crown Court can exceed the sentencing powers of the magistrates in respect of the either way offence only if either:
  (a) the magistrates stated they considered their sentencing powers were inadequate (so they could have also committed under s.3)
  (b) the offender is convicted by the Crown Court of one or more of the related offences.

Question 43

D23.55 - Committal for sentence under s.6 PCC(S)A 2000

Answer 43

• secondary committal
• means where a magistrates court exercises a primary power of committal (i.e. s.3 or s.4) in respect of an indictable (either way) offence, the magistrates may commit the offender to the Crown Court to be dealt with in respect of any other offence of which he or she stands convicted (whether summary or indictable) that the magistrates does have jurisdiction to deal with.

Question 44

D10.1 - Sending indictable offences to the Crown Court

Answer 44

• by use of s.51 CDA 1998

- by use of a voluntary bill of indictment

Question 45

D10.6 - Either way offences under s.51 CDA 1998

Answer 45

• s.50A(3) sets out various steps that must be taken where the offence is triable either way:
  (a) ‘plea before venue’: the accused is asked to indicate an intention to plead guilty or not guilty;
  (b) in the event of a NG plea, the allocation procedure is followed
  (c) if the magistrates court decline jurisdiction, or if the accused elects trial on indictment, the case is sent for trial under s.51

Question 46

D10.7 - Related either-way and summary offences under s.51

Answer 46

Where the court sends an adult for trial under s.51(1), it must also send the accused to trial for any either-way or summary offence with which the accused is charged and which appears to the court to be related to the offence they are being sent for (provided that, if the offence is a summary offence, it is punishable with imprisonment or disqualification from driving).

• An either way offence is related to an indictable offence if the charge for the either-way offence could be joined in the same indictment as the indictable offence.
• The test for a summary offence seems to be a bit stricter, in that it needs to arise from the same circumstances as the indictable-only offence.

Question 47

D10.8 - where an adult has already been sent to the Crown Court for trial under s.51 and then appears before a magistrates charged with an either-way or summary that appears to be related

Answer 47

• The court may send the accused to the Crown Court for trial for the either-way or summary offence (provided that if it is summary, it is punishable either with imprisonment or disqualification from driving)
• However, this is discretionary and not mandatory.

Question 48

D10.9 - Co-accused under s.51

Answer 48

• CrimPR 9.2: where there are co-accused and one elects Crown Court trial, the magistrates must send any other accused charged with the same or a related offence to the Crown Court for trial.
• if the co-accused appears on a subsequent occasion at the magistrates, this becomes discretionary and the magistrates may send them.
• If it is a summary related offence, it must be punishable by imprisonment or disqualification from driving.

Question 49

D10.10 - Co-accused under the age of 18

Answer 49

The court ‘shall, if it considers it necessary in the interests of justice to do so, send the child or young person forthwith to the Crown Court for trial on the indictable offence.’
- They can also send them for a related summary or indictable, as long as it is punishable by imprisonment or disqualification from driving

Question 50

D10.12 - Presence of the accused for s.51 hearing

Answer 50

• s.51 applies where the accused is ‘before a magistrates’ court.’
• If the accused does not appear so, the court may issue an arrest warrant under s.7 BA 1976 or s.1(6) MCA 1980 if the accused fails to answer to a summons/requisition or fails to answer to bail

Question 51

D6.38 - Summary offences in the Crown Court

Answer 51

• s.40 CJA 1988 provides that where certain specified summary offences (incl. common assault, driving while disqualified, taking a motor vehicle without the owner’s consent, and criminal damage where the value does not exceed £5,000) are disclosed on the same evidence of which an accused has been sent for trial for an indictable offence, and the summary offence is founded on the same facts or forms a series of offences of similar character, the prosecution may include a count of the summary offence on the indictment and if the accused pleads NG, will be tried by jury.
• This also applies to summary offences punishable either by imprisonment or disqualification from driving.
• If the accused is convicted on the indictable offence, they will then be asked what their plea is to the summary offence.
• If they enter a guilty plea, the Crown Court may deal with them in any way which a magistrates court could have done.
• If a not guilty plea is entered, the case is sent back to the magistrates and the powers of the Crown Court with regard to that offence cease.

Question 52

D11.17 - Counts on the indictment for summary offences

Answer 52

• The drafter of an indictment has a limited power to include counts for certain summary offences.
• The power is contained in s.40 CJA 1988 and arises when:
  (a) the accused has been sent for trial for an indictable offence;
  (b) a summary offence to which s.40 applies is either:
  (i) founded on the same facts or evidence as a count charging an indictable offence
  (ii) part of a series of offences of the same or similar character as an indictable offence which is also charged; and
  (c) the facts or evidence relating to the summary offence were disclosed ‘to a magistrates’ court inquiring into the offence as examining justices’ or are disclosed by material served on the accused as part of the procedure for sending indictable-only offences to the Crown Court under s.51
• The offence is tried exactly as if it were an indictable offence but if the accused is convicted, the maximum penalty is the maximum which could have been imposed by a magistrates’ court.

Question 53

D11.19 - Relevant summary offences under s.40

Answer 53

• Common assault (including battery)
• Assaulting a prisoner custody officer or a secure training centre custody officer
• Taking a motor vehicle without the owner’s consent
• Driving while disqualified
• Criminal damage where the value involved is the relevant sum or less