Classification of Offences, Plea Before Venue & Mode of Trial
SYLLABUS REFERENCE:
1. Overview of criminal procedure
The classification of offences (indictable, either-way and summary)
4. Plea in the Magistrates’ Court, allocation for trial and committal for
sentence
The rules relating to the provision of initial details of the Prosecution case
Preliminary hearings in the Magistrates’ Court (key principles only required)
Pleas generally in the Magistrates’ Court, including equivocal pleas,
The factors which the defendant should be aware of in deciding whether to
elect Crown Court trial,
The approach taken by the magistrates to the question whether or not to
accept jurisdiction,
Plea before venue and allocation (previously called Mode of trial), including
the special rules for criminal damage cases,
The committal/sending of linked summary only cases and the procedure for
dealing with them in the Crown Court
READING:
Required reading
CLS Crim Lit Manual 2014, Chapters 4, 5
Blackstone’s – see Reading List SGS 3
Classification of offences
Ss 17 – 25 MCA 1980:
1. Summary offences
a. Those which must be tried in the magistrate’s court
b. All summary offences are created by statute
c. Statute usually does so by providing a maximum penalty for summary
conviction, with no alternative penalty for conviction on indictment
d. Always applied summarily unless s 40 applies
i. Enables certain specified summary offences to appear on an
indictment if they are linked to an indictable offences for which
the accused has been sent to the CC
ii. Includes: common assault, taking a motor vehicle without consent,
driving whilst disqualified, and criminal damage
2. Offences triable only on indictment
a. Those which must be tried in the Crown Court
1
, b. Category of offences where the statute provides for a maximum penalty
for conviction on indictment, with no alternative penalty on summary
conviction
c. Ex: s18 GBH
d. Maximum: Life sentence
3. Offences which are triable either way
a. Technically indictable but may be tried in the Mags court if both the mag
and the D agree
b. Triable either way if:
i. The statute which created them providing for alternative penalties
on summary conviction or conviction on indictment; or
ii. Being contained in Sch 1 to the Mags Court 1980
c. EX Assault occasioning actual bodily harm
i. Max of 5 years
Explanation:
If statute provides for a maximum penalty imposable on summary conviction,
but does not provide for a penalty on conviction on indictment = summary
If the statute provides only for a penalty on conviction on indictment = offence is
triable only on indictment (unless listed in the MCA 1980 sch 1)
Common-law offences = indictable offences and are triable only on
indictment unless listed in MCA 1980 sch 1
All cases start in a Magistrates’ Court with D’s first appearance. Then:
(i) For indictable only matters, the D will be sent to the Crown Court;
(ii) For either way matters, a plea will be taken from D and the case will be
allocated to either the Crown Court or the Magistrates’ Court;
(iii) For summary matters a plea wil be taken from D and trial preparation will
began
The rules relating to the provision of initial details
Initial details = A summary of the P case, and/or any written statements of
documents or documents setting out the facts relied on, and a copy of D’s previous
convictions
Summary of the circumstances of the offence and the accuse criminal records
If not in custody: summary of the circumstances of the offence and account
given by the accuse in interview, written witness statements (material to
plea, allocation or sentence)
P must provide “initial details” of the P case as soon as practicable and no later than
the beginning of the day of D’s first appearance. It is usually provided at court on
the day of D’s first appearance in the Magistrates’ Court (and youths court).
2
, If the accuse request this P must serve them as soon as practicable
If they do not request P still must make them available to the accuse at or
before the beginning of the day of the first hearing
Initial details allow D to make an informed decision on plea, and allocation if
relevant
The information supplied must be sufficient to allow the accused and the court at
the first hearing to take an informed view on plea and venue for trial.
Where the accuse is on bail and no anticipation of GP: the initial details must be
sufficient to assist the court to identify the real issues and to give appropriate
direction for an effective trial
Preparation for Effective Trial form must be available to be submitted at the
first hearing and the parties must complete that form
Preliminary hearings- (Pre- trial hearings live link)
An accuse who is in custody may appear at preliminary hearings via live link form
prison or a police station
The accuse is treated as present in court when attending via live link
Where it is lawful and in the interest of justice to do so courts should exercise their
statutory and other powers to conduct hearings by live link or telephone
Participants must be able to hear and see each other clearly
Where a hearing is open to the public the use of media such as skype, or FT
may not be objectionable because they are not that secure
Where the accuse attends a preliminary hearing via live link:
Pleads guilty to the offence
The court proposes to proceed to sentencing immediately
The accuse may continue to attend via live link once the court is satisfied that it is in
the interest of justice to do so.
The offender can also give oral evidence over live link if it is in the interest of
justice
Pre-Trial Hearings
summary or either way allocated for summary the Mag should forthwith give
direction that are necessary, either on a guilty plea to prepare for sentencing
or for trial
3 situations where the Mag should be
If the accuse is on bail the case must be listed for the first hearing 14 days
after charge if there is an anticipation of a guilty plea or likely to be sentence
in the Mag
NG plea: or the case will be sent to the CC the case must be listed for the first
hearing 28 days after charge
3
SYLLABUS REFERENCE:
1. Overview of criminal procedure
The classification of offences (indictable, either-way and summary)
4. Plea in the Magistrates’ Court, allocation for trial and committal for
sentence
The rules relating to the provision of initial details of the Prosecution case
Preliminary hearings in the Magistrates’ Court (key principles only required)
Pleas generally in the Magistrates’ Court, including equivocal pleas,
The factors which the defendant should be aware of in deciding whether to
elect Crown Court trial,
The approach taken by the magistrates to the question whether or not to
accept jurisdiction,
Plea before venue and allocation (previously called Mode of trial), including
the special rules for criminal damage cases,
The committal/sending of linked summary only cases and the procedure for
dealing with them in the Crown Court
READING:
Required reading
CLS Crim Lit Manual 2014, Chapters 4, 5
Blackstone’s – see Reading List SGS 3
Classification of offences
Ss 17 – 25 MCA 1980:
1. Summary offences
a. Those which must be tried in the magistrate’s court
b. All summary offences are created by statute
c. Statute usually does so by providing a maximum penalty for summary
conviction, with no alternative penalty for conviction on indictment
d. Always applied summarily unless s 40 applies
i. Enables certain specified summary offences to appear on an
indictment if they are linked to an indictable offences for which
the accused has been sent to the CC
ii. Includes: common assault, taking a motor vehicle without consent,
driving whilst disqualified, and criminal damage
2. Offences triable only on indictment
a. Those which must be tried in the Crown Court
1
, b. Category of offences where the statute provides for a maximum penalty
for conviction on indictment, with no alternative penalty on summary
conviction
c. Ex: s18 GBH
d. Maximum: Life sentence
3. Offences which are triable either way
a. Technically indictable but may be tried in the Mags court if both the mag
and the D agree
b. Triable either way if:
i. The statute which created them providing for alternative penalties
on summary conviction or conviction on indictment; or
ii. Being contained in Sch 1 to the Mags Court 1980
c. EX Assault occasioning actual bodily harm
i. Max of 5 years
Explanation:
If statute provides for a maximum penalty imposable on summary conviction,
but does not provide for a penalty on conviction on indictment = summary
If the statute provides only for a penalty on conviction on indictment = offence is
triable only on indictment (unless listed in the MCA 1980 sch 1)
Common-law offences = indictable offences and are triable only on
indictment unless listed in MCA 1980 sch 1
All cases start in a Magistrates’ Court with D’s first appearance. Then:
(i) For indictable only matters, the D will be sent to the Crown Court;
(ii) For either way matters, a plea will be taken from D and the case will be
allocated to either the Crown Court or the Magistrates’ Court;
(iii) For summary matters a plea wil be taken from D and trial preparation will
began
The rules relating to the provision of initial details
Initial details = A summary of the P case, and/or any written statements of
documents or documents setting out the facts relied on, and a copy of D’s previous
convictions
Summary of the circumstances of the offence and the accuse criminal records
If not in custody: summary of the circumstances of the offence and account
given by the accuse in interview, written witness statements (material to
plea, allocation or sentence)
P must provide “initial details” of the P case as soon as practicable and no later than
the beginning of the day of D’s first appearance. It is usually provided at court on
the day of D’s first appearance in the Magistrates’ Court (and youths court).
2
, If the accuse request this P must serve them as soon as practicable
If they do not request P still must make them available to the accuse at or
before the beginning of the day of the first hearing
Initial details allow D to make an informed decision on plea, and allocation if
relevant
The information supplied must be sufficient to allow the accused and the court at
the first hearing to take an informed view on plea and venue for trial.
Where the accuse is on bail and no anticipation of GP: the initial details must be
sufficient to assist the court to identify the real issues and to give appropriate
direction for an effective trial
Preparation for Effective Trial form must be available to be submitted at the
first hearing and the parties must complete that form
Preliminary hearings- (Pre- trial hearings live link)
An accuse who is in custody may appear at preliminary hearings via live link form
prison or a police station
The accuse is treated as present in court when attending via live link
Where it is lawful and in the interest of justice to do so courts should exercise their
statutory and other powers to conduct hearings by live link or telephone
Participants must be able to hear and see each other clearly
Where a hearing is open to the public the use of media such as skype, or FT
may not be objectionable because they are not that secure
Where the accuse attends a preliminary hearing via live link:
Pleads guilty to the offence
The court proposes to proceed to sentencing immediately
The accuse may continue to attend via live link once the court is satisfied that it is in
the interest of justice to do so.
The offender can also give oral evidence over live link if it is in the interest of
justice
Pre-Trial Hearings
summary or either way allocated for summary the Mag should forthwith give
direction that are necessary, either on a guilty plea to prepare for sentencing
or for trial
3 situations where the Mag should be
If the accuse is on bail the case must be listed for the first hearing 14 days
after charge if there is an anticipation of a guilty plea or likely to be sentence
in the Mag
NG plea: or the case will be sent to the CC the case must be listed for the first
hearing 28 days after charge
3
