SA1 Overview of Criminal Procedure Flashcards
What is the classification of: theft
Either-way
What is the classification of: robbery
Indictable only
What is the classification of: burglary
Either-way (but if it comprises commission of indictable only defence, is a dwelling burglary with violence/domestic burglary by adult with two previous convictions for domestic burglary, then indictable only).
What is the classification of: fraud
Either-way
What is the classification of: sexual assault
Either-way
What is the classification of: rape
Indictable only
What is the classification of: common assault
Summary only.
What is the classification of: ABH
Either-way.
What is the classification of: s18 GBH
Indictable only.
What is the classification of: s20 wounding
Either-way.
What is the classification of: criminal damage
Either way (but if <£5k, treated as summary only).
What is the classification of: Possession Class A
Either-way
What is the classification of: Possession Class B
Either-way
What is the classification of: Possession with intent to supply Class A
Either-way
What is the classification of: Possession with intent to supply Class B
Either-way
What is the classification of common law offences?
Indictable only, unless listed in Sch 1 MCA 1980, in which case they are either-way.
What three principle categories of Crown Court judge exist?
1) High Court judges.
2) Circuit Judges.
3) Recorders.
What is the test for determining whether an individual qualifies for a legal representation order (formerly legal aid)?
Applicant must satisfy:
a) a means test, which looks at their income and outgoings, and
b) a merits test, which looks at whether it is “in the interests of justice” for legal aid to be granted.
