Syllabus Offences

Question 1

What are the summary-only offences?

Answer 1

• Assault
• Battery
• Simple criminal damage or attempted criminal damage where the value is £5,000 or less

Question 2

What are the either-way offences?

Answer 2

• Theft
• Burglary
• Fraud:
  o By false representation
  o By abuse of position
  o By failing to disclose
• Assault occasioning actual bodily harm
• Wounding or inflicting grievous bodily harm
• Simple criminal damage where value exceeds £5,000
• Simple arson
• Attempts to commit either-way offences are also triable either-way

Question 3

What offences cant be attempted?

Answer 3

Assault and battery

Question 4

What are the indictable-only offences?

Answer 4

• Robbery
• Wounding or causing grievous bodily harm with intent
• Aggravated burglary
• Aggravated arson
• Aggravated criminal damage
• Murder (where a verdict of voluntary manslaughter is possible)
• Involuntary manslaughter
• Unlawful act manslaughter
• Manslaughter by gross negligence
• Attempts to commit indictable-only offences are triable only on indictment

Question 5

How is criminal damage classified?

Answer 5

• It can be summary-only or either-way
• Criminal damage by fire (arson) is always either-way
• The relevant sum for determining mode of trial is £5,000

Question 6

How is the value of damage calculated?

Answer 6

• If property is destroyed, value = cost of replacement
• If property is damaged, value = cost of repair (if lower than replacement)
• If multiple offences are involved, they must be considered as part of a series

Question 7

What happens if the value of damage is £5,000 or below?

Answer 7

• The offence is summary-only
• Maximum sentence is 3 months’ imprisonment
• Level 4 fine
• Defendant cannot be committed for sentence

Question 8

What happens if the value of damage is over £5,000?

Answer 8

• The offence is either-way
• Triable in both Magistrates’ and Crown Court
• Maximum sentence in Magistrates’ Court: 12 months’ imprisonment and a Level 5 fine
• If committed to Crown Court, the maximum sentence is 10 years’ imprisonment

Question 9

What happens if the value of damage is uncertain?

Answer 9

• If unknown, the defendant is asked if they consent to summary trial
• If they consent, the case is heard summarily, with a maximum sentence of 3 months’ imprisonment or a Level 4 fine
• If they do not consent, the offence is treated as either-way, and higher sentencing powers apply

Question 10

What is low-value shoplifting?

Answer 10

• If the value of stolen goods does not exceed £200, the offence is summary-only
• However, under statute, the defendant can still elect for trial in the Crown Court