Classification of Offences

• There are three classifications of offences: summary, triable either way, and indictable.
• Summary offences are tried in the Magistrates' Court only.
• Summary offences are also the least serious offences.
• Triable either way offences are the middle range of offences and can be tried in either the Magistrates Court or the Crown Court.
• Indictable offences are the most serious of offences and must be tried and (if necessary) sentences in the Crown Court.
• "Better case management" is the scheme the aim is for Magistrates to complete cases at the earliest possible opportunity.
• For triable either way offences, Magistrates make decision on bail, custody, and funding for representation.
• Plea before venue only applies to triable either way offences and the Magistrate will decide what Court deals with the trial and the sentencing.
• Most defendants choose trial in the Magistrates' Court. However, some will choose Crown Court because they are likely to be acquitted by a jury.
• Defendant's may also chose the Crown Court because they are more likely to get legal aid.
• Defendant's will get their first appearance before the Magistrates' Court where bail and funding of representation hearings happen.