Overview of Criminal Procedure

Question 1

What are the Summary Only Offences?

Answer 1

Offences only triable in the Magistrates

• Common Assualt
• Criminal Damage (Where value is under £5000)

Question 2

What are the Indictable Only Offences?

Answer 2

Offences only triable in the Crown Court

• Robbery
• Rape
• GBH/Wounding with intent (s.18)

Question 3

What are the Either Way Offences?

Answer 3

Offences triable in either court

• Theft
• Burglary
• Fraud
• Sexual Assualt
• ABH (s.47 OAPA)
• GBH/Wounding (s. 20 OAPA)
• Possession of class A or B drugs
• Possession with the intent to supply class A or B drugs
• Criminal damage where the value exceeds £5000

Question 4

The Magistrates Court

Answer 4

• Either a bench of at least two lay justices sitting in open court or one District Judge
• Hears all Summary Only offences
• Can hear either way offences if offence not so serious that the court’s sentencing powers would be inadequate and if D agrees
• Max of 6 months imprisonment and an unlimited fine
• If they convict D to an either way offence, can commit to CC for sentence
• If equal number on the bench and no majority decision, must adjourn for a rehearing before a differently constituted bench

Question 5

Can the defence gain advantage from ambushing at trial?

Answer 5

No - the court will adjourn to allow P to adduce new evidence as it is not in keeping with the Criminal Overriding Objective

Question 6

What should be appointed at the commencement of proceedings?

Answer 6

A case progression officer