The classifications of offences

Question 1

What are the three main classification of criminal offences?

Answer 1

Summary offences
Either-way offences
Indictable offences

Question 2

What are summary offences?

Answer 2

Minor offences that are only triable in the Magistrates’ Court.
Common assault, most driving offences

Question 3

What is the maximum sentence for summary offences

Answer 3

6 months imprisonment, or 12 months for multiple offences, and/or a fine

Question 4

What are either-way offences?

Answer 4

Offences that can be tried in either the Magistrates’ Court or the Crown Court depending on the seriousness.
Theft, assault occasioning ABH

Question 5

Who decides where an either-way offence is tried?

Answer 5

The magistrates first decide if the case is suitable for their court; if so, the D can choose trial in the Crown Court

Question 6

What are indictable offences?

Answer 6

The most serious offences, tried only in the Crown Court.
Murder, rape, robbery

Question 7

Where does the trial for an indictable offence begin?

Answer 7

All criminal cases start in the magistrates’ Court, but indictable offences are immediately sent to the Crown Court under s.51 Crime and Disorder Act

Question 8

Why is the classification of offences important?

Answer 8

It determines the court of trial, the mode of trial, and the maximum sentencing powers available