Summary offences

Question 1

what is the standard procedure?

Answer 1

1. Legal advisor will read out the charge and request plea

NG plea:
o Trial date set for 6-8 weeks’ time and issues CMD

G plea:
o P tells court facts + pre-cons
o D gives plea in mitigation
o MC sentence immediately or adj. for PSR/Newton hearing

Question 2

explain related indictable-only offences

Answer 2

MC must send related summary offence to the CC where it is punishable by prison or driving ban

Question 3

explain related either-way offences

Answer 3

If the MC is sending an either-way offence to the CC for trial, it may send a related summary offence (SO) if either:

1. The SO is assault, taking a vehicle without consent, driving whilst disqualified, criminal damage + it is based on the same facts; or
2. The SO is punishable by prison/driving ban + related to the either-way

Question 4

where a summary-offence is sent to the CC with an either-way offence, what are the possible outcomes?

Answer 4

o D convicted of either-way offence + D pleads G to summary offence = CC’s sentencing powers limited to MC

o D acquitted of either-way offence or D pleads NG to summary offence = case remitted to MC for trial