Overview of Criminal Procedure
SYLLABUS REFERENCE:
1. Overview of criminal procedure
The classification of offences (indictable, either-way and summary)
The court structure in England and Wales, and how to address members of the judiciary
How criminal cases progresses through the system (outline of the progress of the three
categories of criminal offence, with respect to adults and of offences of varying
seriousness with respect to youths),
The funding of criminal cases (students should have an understanding of the general
structure of funding arrangements, as well as the different funding certificates that are
required and that Courts may charge a fee for a replacement copy)
The importance and application of the Criminal Procedure Rules, in particular the
overriding objective and the case management functions of the court (other parts of the
rules may be relevant to individual topics; where this is the case they are specifically
referred to below).
*NOTE: please check the sections in the act for yourself due to constant changes*
Classification of offences
Offence CLASSIFICATION
Theft: Either-way
Robbery: Indictable only
Either-way (but if burglary comprises commission of
indictable only offence; or dwelling burglary with violence; or
Burglary:
domestic burglary by adult with 2 previous convictions for
domestic burglary, then the offence becomes indictable only)
Fraud: Either-way
Sexual Assault
Either-way
Rape: Indictable only
Common Assault: Summary only
ABH: Either-way
s 18 GBH: Indictable only
s 20 Wounding: Either-way
Either-way unless value £5,000 or less when it is summary
Criminal Damage:
only
1
, Possession Class A: Either-way
Possession Class B: Either-way
Possession with intent
to supply Class A:
Either-way
Either-way
Possession with intent
to supply Class B:
Ss 17 – 25 MCA 1980:
Mode of trials 3 classes of offences:
a. Triable:
i. indictment only
ii. Summarily only
iii. Triable either-way
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 offence for which the
accused has been sent to the CC for trial
ii. Includes: common assault, taking a motor vehicle without consent,
driving whilst disqualified, and criminal damage
iii. A jury can convict an accused of a summary offence to which the
CJA 1988 applies even if the count charging offence is not included
in the indictment
e. MUST always be tried summarily (unless s40 CJA applies)
2. Offences triable only on indictment
a. Those which must be tried in the Crown Court
b. Category of offences where the statute provides for a maximum penalty
for conviction on indictment, with no alternative penalty on summary
conviction
c. Can be tried summarily with agreement of the accuse and magistrates
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:
2
SYLLABUS REFERENCE:
1. Overview of criminal procedure
The classification of offences (indictable, either-way and summary)
The court structure in England and Wales, and how to address members of the judiciary
How criminal cases progresses through the system (outline of the progress of the three
categories of criminal offence, with respect to adults and of offences of varying
seriousness with respect to youths),
The funding of criminal cases (students should have an understanding of the general
structure of funding arrangements, as well as the different funding certificates that are
required and that Courts may charge a fee for a replacement copy)
The importance and application of the Criminal Procedure Rules, in particular the
overriding objective and the case management functions of the court (other parts of the
rules may be relevant to individual topics; where this is the case they are specifically
referred to below).
*NOTE: please check the sections in the act for yourself due to constant changes*
Classification of offences
Offence CLASSIFICATION
Theft: Either-way
Robbery: Indictable only
Either-way (but if burglary comprises commission of
indictable only offence; or dwelling burglary with violence; or
Burglary:
domestic burglary by adult with 2 previous convictions for
domestic burglary, then the offence becomes indictable only)
Fraud: Either-way
Sexual Assault
Either-way
Rape: Indictable only
Common Assault: Summary only
ABH: Either-way
s 18 GBH: Indictable only
s 20 Wounding: Either-way
Either-way unless value £5,000 or less when it is summary
Criminal Damage:
only
1
, Possession Class A: Either-way
Possession Class B: Either-way
Possession with intent
to supply Class A:
Either-way
Either-way
Possession with intent
to supply Class B:
Ss 17 – 25 MCA 1980:
Mode of trials 3 classes of offences:
a. Triable:
i. indictment only
ii. Summarily only
iii. Triable either-way
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 offence for which the
accused has been sent to the CC for trial
ii. Includes: common assault, taking a motor vehicle without consent,
driving whilst disqualified, and criminal damage
iii. A jury can convict an accused of a summary offence to which the
CJA 1988 applies even if the count charging offence is not included
in the indictment
e. MUST always be tried summarily (unless s40 CJA applies)
2. Offences triable only on indictment
a. Those which must be tried in the Crown Court
b. Category of offences where the statute provides for a maximum penalty
for conviction on indictment, with no alternative penalty on summary
conviction
c. Can be tried summarily with agreement of the accuse and magistrates
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:
2
