Syllabus offences

Question 1

Summary only offences

Answer 1

• Assault
• Battery
• Theft of goods valued at £200 or less.
• • Simple criminal damage where the value is £5,000 or less is treated as summary only.
• An attempt to commit simple criminal damage £5,000 or less is treated as summary only.

Question 2

Either-way offences

Answer 2

Triable either way:

• Theft
• Burglary / Aggravated burglary
• Fraud:
• By false representation
• By abuse of position
• By failing to disclose
• s 47 OAPA
• s 20 OAPA
• Simple criminal damage where the value exceeds £5,000
• Simple arson

Question 3

Indictable only offences

Answer 3

Triable only on indictment:

• Robbery
• s 18 OAPA
• Aggravated burglary
• Aggravated arson
• Aggravated criminal damage
• Murder – where a verdict of voluntary manslaughter can be a possible outcome
• Involuntary manslaughter:
• Unlawful act manslaughter
• Manslaughter by gross negligence

Question 4

Which theft offence is treated as summary only?

Answer 4

Low value shoplifting - £200 or less

Question 5

What is the max sentence for low value shoplifting?

Answer 5

6 months

Question 6

For which offence is the max penalty 3 months’
imprisonment / level 4 fine (magistrates)?

Answer 6

• Criminal damage of over £5000
• Criminal damage by arson

Question 7

For which offences is the max penalty 3 months’
imprisonment / level 4 fine? (exception to the general 6 month rule)

Answer 7

Simple criminal damage - £5000 or less

Question 8

Which offences are sent straight to the Crown Court?

Answer 8

• Section 51B (complex fraud); or
• Section 51C (children as witnesses).

These are classed as either-way, but otherwise indictable only (no PBV or allocation procedure).

Question 9

To be complex fraud, at least two of the following must be present:

Answer 9

• Amount alleged to exceed £500,000
• Significant international dimension
• Requires specialised knowledge of financial, commercial, fiscal or regulatory matters (e.g., markets, banking systems, trusts or tax regimes)
• There are numerous victims
• There is substantial and significant fraud on a **public body*
• Case likely to be of widespread public concern, or the alleged misconduct endangered
  the economic well-being of the UK (e.g., undermining confidence in
  financial markets)

Question 10

In which situations are either-way offences sent to the Crown Court?

Answer 10

1. Committed for sentence following a guilty plea.
2. Committed for sentence after trial in the magistrates’ court.
3. Sent for trial where the court has declined jurisdiction following a not guilty plea.
4. Sent for trial where the court has accepted jurisdiction following a not guilty plea but the
   defendant elects Crown Court trial.
5. Complex fraud.
6. Where children may be called as witnesses when notice has
   been given.
7. Low value shoplifting where D has elected trial in the Crown
   Court.