Syllabus Offences Flashcards
What is the correct classification of theft under the Theft Act 1968?
A) Summary only
B) Either-way
C) Indictable only
D) Summary or indictable
B) Either-way
Explanation: Theft is an either-way offence, meaning it can be tried in the magistrates’ court or the Crown Court, depending on factors such as seriousness and defendant election.
Which of the following is an indictable-only offence?
A) Simple criminal damage (above £5,000)
B) Burglary
C) Robbery
D) Fraud by false representation
C) Robbery
Explanation: Robbery (s 8 Theft Act 1968) is an indictable-only offence, meaning it must be tried in the Crown Court due to its serious nature.
If the value of criminal damage is uncertain, what happens?
A) The court automatically treats it as a summary-only offence
B) The defendant is asked whether they consent to a summary trial
C) The case is automatically sent to the Crown Court
D) The court refuses to hear the case until the value is determined
B) The defendant is asked whether they consent to a summary trial
Explanation: If the value of damage is uncertain, the defendant is given a choice. If they consent, the case is tried summarily with a lower maximum sentence. If they do not, it is treated as either-way.
What is the classification of assault occasioning actual bodily harm (ABH)?
A) Summary only
B) Either-way
C) Indictable only
D) Summary or indictable
B) Either-way
Explanation: ABH (s 47 Offences Against the Person Act 1861) is an either-way offence, meaning it can be tried in the magistrates’ court or the Crown Court, depending on case seriousness.
What is the classification of murder?
A) Summary only
B) Either-way
C) Indictable only
D) Depends on the circumstances
C) Indictable only
Explanation: Murder is always indictable-only, meaning it must be tried in the Crown Court due to its serious nature.
Mark is charged with burglary under s 9(1)(a) of the Theft Act 1968. Where can his trial take place?
A) Magistrates’ court only
B) Crown Court only
C) Either magistrates’ or Crown Court
D) Youth Court only
C) Either magistrates’ or Crown Court
Explanation: Burglary is an either-way offence, meaning it can be tried in either court depending on seriousness and mode of trial hearing outcomes.
Sarah is charged with simple arson. The prosecution states the damage is £10,000. Where is she likely to be tried?
A) Magistrates’ court only
B) Crown Court only
C) Either magistrates’ or Crown Court
D) Youth Court only
C) Either magistrates’ or Crown Court
Explanation: Simple arson is always an either-way offence, regardless of value. This means Sarah could be tried in either court, depending on the seriousness.
James is accused of low-value shoplifting (£150 worth of goods). The prosecution states that he elected for Crown Court trial. What is the legal position?
A) The Crown Court must decline jurisdiction
B) The magistrates’ court must hear the case
C) James can elect for a Crown Court trial
D) Shoplifting is always summary only
C) James can elect for a Crown Court trial
Explanation: Low-value shoplifting (£200 or below) is technically summary-only, but adult defendants can still elect for Crown Court trial, making theft still an either-way offence.
Michael is accused of causing grievous bodily harm (GBH) to a victim. The prosecution charges him under s 20 of the OAPA 1861. What is the classification of this offence?
A) Summary only
B) Either-way
C) Indictable only
D) Depends on the injuries caused
B) Either-way
Explanation: GBH under s 20 (inflicting GBH without intent) is an either-way offence. However, GBH under s 18 (causing GBH with intent) is indictable-only.
A gang commits a violent robbery at a jewellery store. One of them, Jason, only stood outside as a lookout. How is Jason charged?
A) Summary only, as he did not enter the store
B) Either-way, as his involvement was minimal
C) Indictable only, as robbery is an indictable-only offence
D) Jason cannot be charged, as he did not physically take anything
C) Indictable only, as robbery is an indictable-only offence
Explanation: Robbery (s 8 Theft Act 1968) is an indictable-only offence. All participants in a joint enterprise, including the lookout, are equally liable under secondary participation principles.
Sarah and Emma spray-paint a building. The cost of removal is disputed. The magistrates ask Sarah if she consents to a summary trial. Why?
A) The magistrates must determine the value before trial
B) The magistrates must give Sarah a choice if the value is uncertain
C) Summary trials are always offered first
D) The magistrates do not have jurisdiction over criminal damage
B) The magistrates must give Sarah a choice if the value is uncertain
Explanation: If the value of the criminal damage is uncertain, the defendant must be asked whether they consent to a summary trial. If they refuse, it is treated as an either-way offence.
A 17-year-old defendant is charged with aggravated burglary. Where will the trial take place?
A) Youth Court only
B) Magistrates’ court only
C) Crown Court only
D) Either magistrates’ or Crown Court
C) Crown Court only
Explanation: Aggravated burglary (s 10 Theft Act 1968) is an indictable-only offence. While most youth cases are dealt with in the Youth Court, indictable-only offences for 17-year-olds must be tried in the Crown Court.
Tom is caught attempting to commit theft. What is the correct classification of his offence?
A) Summary only
B) Either-way
C) Indictable only
D) Not a criminal offence
B) Either-way
Explanation: Attempts to commit either-way offences (like theft) are themselves either-way offences under the Criminal Attempts Act 1981.
David sets fire to an abandoned warehouse, causing extensive damage. The prosecution charges him with arson. What is the correct classification of this offence?
A) Summary only
B) Either-way
C) Indictable only
D) Depends on the value of the damage
B) Either-way
Explanation: Simple arson is always an either-way offence, regardless of the value of the damage. However, if aggravated arson (arson endangering life) is charged, it becomes indictable-only.
Lisa attempts to commit common assault but is stopped before she makes contact with the victim. What is the legal position?
A) Attempted assault is a summary-only offence
B) Attempted assault is an either-way offence
C) Attempted assault is not a criminal offence
D) Attempted assault is an indictable-only offence
C) Attempted assault is not a criminal offence
Explanation: Attempting to commit a summary-only offence is not an offence at all under the Criminal Attempts Act 1981. Since common assault is summary-only, an attempt to commit it is not chargeable.
