Offences classification

• Offence types


  Summary offences

  Triable either way

  Indictable crimes
• Summary offences description


  Minor offences
• Summary offences court


  Magistrates court
• Summary offences examples


  Speeding

  Assault

  Battery
• Triable either way offences description

  Midrange offences
• Triable either way offences courts

  Magistrates or crown
• Triable either way offences examples

  Theft

  ABH
• Indictable offence description


  Serious offences
• Indictable offence court


  Crown
• Indictable offence examples


  Murder

  Manslaughter

  S18/20 GBH
• Summary offences process parts

  Plea

  Guilty

  Not guilty

  Most dealt with at the first hearing
• SO Plea


  NG / G

  Enter plea at the start of trial
• SO Guilty


  Sentencing done immediately

  Up to 6 months and/or £5000 per offence.
• SO NG


  Case is heard, then sentencing.
• TEW parts


  Plea before venue

  Mode of trial

  Accept/reject
• SO Not Guilty


  Case is heard, then sentencing.
• TEW process parts


  Plea before venue

  Mode of trial

  Accept / reject
• TEW Plea before venue

  Enter a plea,

  G -> Magistrates Court may refer to the Crown Courts for sentencing if their powers are likely to not be enough.
• TEW Mode of trial

  Depends on the facts, decision will be made as to which court the case is heard in.
• Mode of trial consideration examples

  Crown Prosecution Service Desires, nature of the act, number of offences, previous convictions, aggravating/mitigating factors.
• TEW Accept/reject


  Defendant may want to be heard in the Crown Court due to fear of bias or prejudice. Human Rights Act requires that a fair trial be given to all. So D can accept or reject the court assigned to them.
• IC Process Parts


  Early Administrative Hearing (mag)

  Plea and Trial Preparation Hearing (crown)

  Guilty

  Not Guilty
• IC - Early Administrative Hearing


  Pre trial review. Enter a plea. Consider legal aid. Consider bail.
• Legal Aid


  Legal services for people who cannot afford a lawyer
• Bail types


  Unconditional - Bail with no conditions.

  Conditional - Bail with conditions such as curfew.

  Remand in custody - Prison until trial.
• IC Plea and Trial Preparation Hearing (Crown)

  Each party must disclose all of their evidence (min 2 weeks before the trial).
• IC Guilty


  Straight to sentencing. Sentencing council set guidelines to ensure consistency.
• IC Not Guilty


  Hear trial, start with prosecution (witnesses and experts e.g. examinationing chief), defence can then disprove evidence, prosecution finish, then vice versa. Jury decide verdict. Judges decide sentence.