21.12.2024
SA1 Overview of Criminal Procedure
Classification of Offences and Determining Allocation (Mode of Trial)
Introduction
Trials on indictment – Crown Court.
Summary trials – Magistrates’ Court.
Classification
Classes of offences (See Interpretation Act 1978, sch.1):
Triable only on indictment.
Triable only summarily.
Triable either way.
Criminal Justice Act (CJA) 1988, s.40 allows specified summary offences to appear on
indictment if linked with the indictable offence for which the accused has been sent to the
Crown Court for.
Includes: Common assault, taking a motor vehicle without consent, driving whilst
disqualified, criminal damage (value not above £5,000).
Must Know:
Either way offences:
Theft.
Burglary (other than set out below in indictable only).
Fraud.
Sexual assault.
ABH.
s.20 GBH/Wounding.
Criminal damage (value over £5,000).
Possession Class A.
Possession Class B.
Possession with intent to supply Class A.
Possession with intent to supply Class B.
Summary only:
Common assault.
Criminal damage (value £5,000 or less).
Indictable only:
Robbery.
Rape.
s.18 GBH/Wounding.
Burglary comprising of adult with two previous convictions for domestic burglary, or
burglary of a dwelling with violence, or with a commission of indictable only
offence.
Determination of Class
Triable either way:
Listed in Magistrates’ Courts Act (MCA) 1980, sch.1.
Enactment creating the offence specifies one penalty on summary conviction and a
different penalty on conviction on indictment.
Indictment only:
Common law offences – unless listed in sch.1.
Either way:
Aiding and abetting and attempts – triable either way only if the substantive offence is
so triable.
Courts, Parties and Abuse of Process
Introduction
Criminal trial of adult – CC or Mags.
1
Max Lewis
, 21.12.2024
Criminal trial of child – Youth court usually.
Crown Court
Derives jurisdiction from Senior Courts Act (SCA) 1981.
Practice prescribed by Criminal Procedure Rules (CrimPR).
Regarded as a single court.
Case normally tried at a location near to where the offence occurred.
Choice of location depends on the nature of the offence, convenience of the parties.
CrimPR 5.10 has more details on this.
A superior court of record, like the High Court.
Appeals from its decisions lie only to the Court of Appeal (Criminal Division).
SCA 1981, s.8 – four categories of Crown Court judge – High Court judge, Circuit judges,
Recorders, District judges (DJ).
All CC cases to be heard by one professional judge – except where provisions for
justices to sit alongside.
Where justices sit alongside – decision is by a majority.
Professional judge will have the casting vote.
In matters of law, ‘lay justices must take a ruling from the presiding judge in precisely
the same way as the jury is required to take his ruling when the jury considers its
verdict.’ (Orpin [1975] QB 283).
‘Qualifying judge advocate’ also has jurisdiction – but not in the Youth Court.
Trial on indictment:
Exclusive jurisdiction for trials on indictment.
Not geographically restricted.
Appeals:
A person convicted in the Mags Court who pleaded not guilty may appeal to the
Crown Court against conviction and/or sentence.
A person who pleaded guilty may only appeal against sentence.
Committal for sentence:
Mags Court can commit an offender to the Crown Court to be sentenced.
Summary offences:
Sometimes Crown Court has jurisdiction to deal with summary offences, pursuant to
CJA 1988, s.40.
A Crown Court judge may exercise the powers of a DJ.
Possible for the Crown Court to deal with a summary offence linked with an indictable
offence, without the offence having to go back to the Mags Court – s.66 would mean
the judge sitting would act as though they were a DJ in the matter.
Bail:
Crown Court has the power to grant bail to:
anyone during the course of a trial on indictment; or
anyone sent to it in custody for trial or sentence; or
anyone appealing from the Mags Court; or
anyone appealing from it to the Court of Appeal and has been granted a certificate
that the case is fit for appeal; or
anyone remanded in custody by a Mags Court following an argued bail application.
Magistrates’ Court
Consist of justices of the peace (JPs).
Most are unpaid – a minority are salaried DJs who are legally qualified.
Bulk of work needs two sitting lay justices in open court.
DJs almost invariably sit alone.
Law contained principally in Courts Act (CA) 2003, the MCA 1980, and the CrimPR.
MCA 1980, s.148(1) – the expression ‘Mags Court’ means any justice or justices of the
peace acting under any enactment or by virtue of his or her commission or under the
common law.
2
Max Lewis
SA1 Overview of Criminal Procedure
Classification of Offences and Determining Allocation (Mode of Trial)
Introduction
Trials on indictment – Crown Court.
Summary trials – Magistrates’ Court.
Classification
Classes of offences (See Interpretation Act 1978, sch.1):
Triable only on indictment.
Triable only summarily.
Triable either way.
Criminal Justice Act (CJA) 1988, s.40 allows specified summary offences to appear on
indictment if linked with the indictable offence for which the accused has been sent to the
Crown Court for.
Includes: Common assault, taking a motor vehicle without consent, driving whilst
disqualified, criminal damage (value not above £5,000).
Must Know:
Either way offences:
Theft.
Burglary (other than set out below in indictable only).
Fraud.
Sexual assault.
ABH.
s.20 GBH/Wounding.
Criminal damage (value over £5,000).
Possession Class A.
Possession Class B.
Possession with intent to supply Class A.
Possession with intent to supply Class B.
Summary only:
Common assault.
Criminal damage (value £5,000 or less).
Indictable only:
Robbery.
Rape.
s.18 GBH/Wounding.
Burglary comprising of adult with two previous convictions for domestic burglary, or
burglary of a dwelling with violence, or with a commission of indictable only
offence.
Determination of Class
Triable either way:
Listed in Magistrates’ Courts Act (MCA) 1980, sch.1.
Enactment creating the offence specifies one penalty on summary conviction and a
different penalty on conviction on indictment.
Indictment only:
Common law offences – unless listed in sch.1.
Either way:
Aiding and abetting and attempts – triable either way only if the substantive offence is
so triable.
Courts, Parties and Abuse of Process
Introduction
Criminal trial of adult – CC or Mags.
1
Max Lewis
, 21.12.2024
Criminal trial of child – Youth court usually.
Crown Court
Derives jurisdiction from Senior Courts Act (SCA) 1981.
Practice prescribed by Criminal Procedure Rules (CrimPR).
Regarded as a single court.
Case normally tried at a location near to where the offence occurred.
Choice of location depends on the nature of the offence, convenience of the parties.
CrimPR 5.10 has more details on this.
A superior court of record, like the High Court.
Appeals from its decisions lie only to the Court of Appeal (Criminal Division).
SCA 1981, s.8 – four categories of Crown Court judge – High Court judge, Circuit judges,
Recorders, District judges (DJ).
All CC cases to be heard by one professional judge – except where provisions for
justices to sit alongside.
Where justices sit alongside – decision is by a majority.
Professional judge will have the casting vote.
In matters of law, ‘lay justices must take a ruling from the presiding judge in precisely
the same way as the jury is required to take his ruling when the jury considers its
verdict.’ (Orpin [1975] QB 283).
‘Qualifying judge advocate’ also has jurisdiction – but not in the Youth Court.
Trial on indictment:
Exclusive jurisdiction for trials on indictment.
Not geographically restricted.
Appeals:
A person convicted in the Mags Court who pleaded not guilty may appeal to the
Crown Court against conviction and/or sentence.
A person who pleaded guilty may only appeal against sentence.
Committal for sentence:
Mags Court can commit an offender to the Crown Court to be sentenced.
Summary offences:
Sometimes Crown Court has jurisdiction to deal with summary offences, pursuant to
CJA 1988, s.40.
A Crown Court judge may exercise the powers of a DJ.
Possible for the Crown Court to deal with a summary offence linked with an indictable
offence, without the offence having to go back to the Mags Court – s.66 would mean
the judge sitting would act as though they were a DJ in the matter.
Bail:
Crown Court has the power to grant bail to:
anyone during the course of a trial on indictment; or
anyone sent to it in custody for trial or sentence; or
anyone appealing from the Mags Court; or
anyone appealing from it to the Court of Appeal and has been granted a certificate
that the case is fit for appeal; or
anyone remanded in custody by a Mags Court following an argued bail application.
Magistrates’ Court
Consist of justices of the peace (JPs).
Most are unpaid – a minority are salaried DJs who are legally qualified.
Bulk of work needs two sitting lay justices in open court.
DJs almost invariably sit alone.
Law contained principally in Courts Act (CA) 2003, the MCA 1980, and the CrimPR.
MCA 1980, s.148(1) – the expression ‘Mags Court’ means any justice or justices of the
peace acting under any enactment or by virtue of his or her commission or under the
common law.
2
Max Lewis
