Summary Offences Flashcards
Court in which the case will be heard
Magistrates
Examples of offences in this category
Assault, Battery, driving offences
1 - Decider of verdict
2 - who will sentence D
1 - Mags
2 - Mags
Procedure for Summary Offences
D receives a summons/is charged with a summary offence
D appears before a Mags court for a preliminary hearing
D pleads guilty or not guilty
If D pleads guilty:
Magistrates will sentence D
D will receive a maximum sentence of 6 months
If magistrates think that their sentencing powers are not enough they will refer the case to the Crown Court
If D pleads not guilty:
Mags will set a date for trial
Mags will consider whether to grant bail/remand and any conditions to place on it e.g. surrender passport, geotag
If D is found guilty, the mags will sentence D. If their powers are not enough, they can refer D to Crown Court