Pre-Reading

Question 1

Summary only offences (key authorities)

Answer 1

Assault

• Battery
• Simple criminal damage where the value is £5,000 or less is treated as summary only.

An attempt to commit simple criminal damage £5,000 or less is treated as summary only.

Attempt to commit a summary only offence

• Assault and battery cannot be the object of a criminal attempt (as summary only offences).

Question 2

Either-way offences (key authorities)

Answer 2

Theft- s 1 Theft Act 1968

• Burglary- s 9(1)(a) or s 9(1)(b) Theft Act 1968
• Fraud:
• by false representation
• by abuse of position
• by failing to disclose
• Assault occasioning actual bodily harm- s 47 Offences Against the Person Act (OAPA) 1861
• Wounding or inflicting grievous bodily harm- s 20 OAPA 1861
• Simple criminal damage where the value exceeds £5,000
• Simple arson

Attempts to commit either-way offences will be triable either way.

Question 3

Indictable only offences

Answer 3

Robbery- s 8 Theft Act 1968

• Wounding or causing grievous bodily harm with intent- s 18 OAPA 1861
• Aggravated burglary- s 10 Theft Act 1968
• Aggravated arson
• Aggravated criminal damage
• Murder- where a verdict of voluntary manslaughter can be a possible outcome
• Involuntary manslaughter:
• unlawful act manslaughter
• manslaughter by gross negligence

Attempts to commit indictable only offences will be triable only on indictment.

Question 4

Is Criminal Damage a summary only or an either way offence?

Answer 4

Criminal damage can be:

• a summary only; or
• an either-way offence.

Section 22 Magistrates’ Court Act (MCA) 1980 states that the value of the damage determines the classification of the offence. However, this does not apply where criminal damage is caused by fire – arson is always an either-way offence.

The relevant sum is £5,000. Where the value of the damage is £5,000 or below, the offence is summary only. Above £5,000 and the offence is triable either-way.

Question 5

How do you calculate damage whent here are multiple offences?

Answer 5

Where there are multiple offences the court must consider whether they form part of a series of offences. If so, the court can aggregate the value of the damage in deciding which side of the £5,000 figure the damage falls.

Question 6

How do you calculate the value of the damage?

Answer 6

The value of the damage is the cost of replacement where the property was destroyed. Where the property was damaged it is the cost of repair or replacement, whichever is the less.

In determining the value of the damage, the court must hear representations from the parties. There is no requirement for the court to hear evidence on the value, though it can do so. The representations of the parties may include the production of documents such as invoices or estimates for repairs or replacement.

Question 7

The value of the criminal damage is £5,000 or below

Answer 7

The offence(s) are categorised as summary only. The maximum sentence for criminal damage when tried as a summary only offence is three months’ imprisonment or a fine at level 4 on the standard scale. The defendant cannot be committed for sentence.

Question 8

The value of the criminal damage is over £5,000

Answer 8

The offence(s) are triable either way. If they are tried in a magistrates’ court then the maximum sentence is twelve months’ imprisonment or a fine at level 5 on the standard scale. The defendant can be committed for sentence. The maximum sentence on indictment is ten years’ imprisonment.

Question 9

The value is uncertain

Answer 9

Where the value of the damage is uncertain, i.e. it is not known whether or not it exceeds £5,000, the defendant is asked if they consent to be tried summarily. If so, that will take place and the maximum sentence will be limited to three months or a level 4 fine. If the defendant does not consent then the offence(s) will be treated as either-way and the higher sentencing powers will apply on conviction.

Question 10

Low Value shoplifting where the value does not exceed £200

Answer 10

Low value shoplifting, where the value does not exceed £200, is now said to be a summary only offence.

When read fully, however, the statute still allows an adult defendant to elect trial in the Crown Court. You should therefore continue to treat shoplifting as a theft which is an either-way offence.

Note: ‘shoplifting’ is not an offence in any event. Where a person has allegedly shoplifted, they are properly charged with theft.

In reality the only difference that the supposed reclassification of the offence makes is that a magistrate’s court cannot decline jurisdiction at the mode of trial hearing.

Question 11

When looking at a case both sets of lawyers consider the evidence in light of its:

Answer 11

• admissibility;
• relevance to a fact in issue;
• strength;
• credibility; and
• weight.

Question 12

Courts of First Instance

Answer 12

Magistrates, Crown, Youth

Question 13

Magistrates Court Structure

Answer 13

All defendants over the age of 18 have their first hearing before a court here. A person under the age of 18 would make their first appearance here if and only if jointly charged with an adult.

It must try all summary only matters and may try any either-way matters.

Question 14

Crown Court (in its capacity as a trial court)

Answer 14

if the magistrates’ court sends the case for trial. It must try all indictable only matters and may try any either-way matters.

Question 15

The Court of Appeal (Criminal Division)

Answer 15

hears appeals from the Crown Court in its capacity as a trial court.

Question 16

The Supreme Court

Answer 16

hears appeals from the Court of Appeal (Criminal Division) on points of law of general public importance.

Question 17

The Crown Court (in its capacity as an appeal court)

Answer 17

Hears appeals from the magistrates’ court and Youth Courts.

Question 18

The High Court

Answer 18

can hear appeals by way of case stated and judicial review cases from the Crown Court (in its capacity as an appeal court).

Question 19

High Court (Queens Bench Division)

Answer 19

hears appeals by way of case stated and judicial review from the magistrates’ court or youth court

Question 20

What are the 4 appeal courts?

Answer 20

the Supreme Court

• the Court of Appeal
• the Divisional Court; and
• the Crown Court when it hears appeals from the magistrates’ court.

Question 21

The Youth Court

Answer 21

All defendants under the age of 18 have their first hearing before a court here unless they are jointly charged with an adult. Trial of all youths (under 18) defendants unless they are sent to the Crown Court for trial.

Question 22

Where is a summary only case heard/

Answer 22

Magistrates

Question 23

Where is an indictable or either-way case heard?

Answer 23

Crown COurt

Question 24

Where are either way cases heard?

Answer 24

Either-way offences are capable of being dealt with by either the magistrates’ court or the Crown Court. In order to decide which court is the most appropriate one, the defendant must first be invited to indicate a plea in accordance with s.17A Magistrates’ Courts Act 1980 (‘MCA’). This is known as the plea before venue hearing.

Question 25

What is allocation

Answer 25

If the defendant indicates a not guilty plea then the magistrates will hear representations from both the prosecution and the defence as to which each considers to be the appropriate venue (i.e. court) in which to hold the trial: magistrates’ or Crown. The purpose of this hearing is to consider whether the trial should be one of summary jurisdiction or a trial on indictment.

Question 26

Magistrates’ sentencing powers are:

Answer 26

Summary only offence- maximum 6 months’ imprisonment

One either-way offence​ Maximum 6 months’ imprisonment

Two or more either way offences ​ Maximum 12 months’ imprisonment​