criminal courts and lay people: classification of offences

Question 1

what are the 3 types of offences?

Answer 1

summary, triable either way, indictable

Question 2

explain: summary offences

Answer 2

• least serious offence
• e.g common assault (S39 Criminal Justice Act 1988)
• trialled in the Magistrates’ Court
• 3 Mag. or a district judge will hear evidence from prosecution and defence, decide verdict and decide sentence if guilty
• Mag. court sentencing powers incl. unlimited fines, bans, community orders and custodial sentences of up to 12 months in total for all offences/
• if offender should get longer sentence, the case will be transferred to Crown Court for sentencing

Question 3

explain: triable either way offences

Answer 3

• middle seriousness
• e.g ABH (S48 Offences Against the Persons Act 1861)
• trials can take place in either Mag. Court or Crown Court
• at D’s first court appearance (Mag.) they will be asked how they plead
  
  • guilty: Mag. can sentence immediately, sentence later in order to obtain a sentencing report or transfer to Crown Court if sentencing powers are inadequate
  • not guilty: Mag. Court will carry out the mode of trial proceedings, magistrates can decide on most appropriate court to hear case by considering sentencing powers/prosecutor’s recommendations/offence seriousness/previous convictions, after considering these they will decide whether or not to transfer the case
• if either court is suitable, D will get to choose which court their case will be heard in (plea before venue) and trial process will begin (discuss Mag. process and Crown process)

Question 4

explain: indictable offences

Answer 4

• most serious type of offences
• e.g murder (common law)
• trial can only take place in Crown Court
• heard by a jury (group of 12 randomly selected people), who hear evidence from prosecution and defence then decide verdict, if found guilty the judge (Circuit Judge/High Court Judge) decides sentence
• punishment more severe than other offences: CC judges can give sentences of mandatory life sentences for offences like murder, harsher overall