Criminal Litigation
Tests, Limits, and Statutory Provisions/Case Law
Offences
● Criminal damage GBP 5k or less (summary-only)
o MC: 3m imprisonment, or level 4 fine
● Criminal damage > GBP 5k (either-way)
o MC: 6m imprisonment, or level 5 fine
o CC: 10y imprisonment
● Failure to surrender (absconding)
o MC: 3m imprisonment and/or fine of any amount
o CC: 12m imprisonment and/or fine of any amount
● Low-value shoplifting (GBP 200 or less) is summary-only. But, D has right to elect CC trial!!
● Classification
Summary Either-way Indictable only
1. Common assault 1. Theft 1. Robbery
2. Crim damage ≤ 2. Burglary 2. Rape
GBP 5,000 (max 3. Fraud 3. GBH/wounding
3m imprisonment; 4. Sexual Assault with intent s18
or level 4 fine) 5. ABH s47 OAPA 1861 OAPA 1861
(NOTE: If doubt re: 6. GBH/wounding s20 OAPA 1861
value, and D 7. Possession of Class A or B drugs
consents to 8. Possession w/ intent to supply of
summary trial => Class A or B drugs
treated as 9. Crim damage > GBP 5,000 (MC
summary-only) max 6m imprisonment; or level 5
fine; CC max 10 yrs imprisonment)
Police powers & preliminaries to prosecution
● Commencing criminal proceedings
o Time limit for bringing charge in MC: within 6 months of date of alleged offence
o No time limit in CC
● Detention without charge
o *Relevant time (RT) = when D first arrives at police station
o Summary-only
▪ Time limit: 24 hours from RT
▪ Extension: No
o Either-way or indictable-only
▪ Time limit: 24 hours from RT
▪ Extension: Yes
● Max 36h from RT => By Superintendent (or higher rank)
, o Test: Superintendent or above believes investigation being
conducted diligently and expeditiously
● Max 96h from RT => By MC
o Test: MC finds there are reasonable grounds for believing
further detention is justified
Bail & remands
● Remanding D on adjournments
o Either-way offence => General rule: If MC adjourns proceedings for an either-way
offence, court must remand D (on bail or in custody)
▪ Exceptions: Unless D --
● 1st appeared in answer to a summons or requisition; and
● Has not been remanded @ an earlier hearing
o MC may adjourn w/o remanding D for:
▪ Summary offence: @ all appearances up to conviction, or
▪ Either-way offence: Appearances up to either determination for trial on
indictment, or summary conviction, provided that D initially appeared in
answer to summons or requisition and has not subsequently been
remanded
● Bail
o Time limit to vary conditions of bail
▪ Time limit for serving application if D wants app’n to be heard at a hearing
already due: not less than 2 business days before that hearing
▪ Time limit for hearing if court decides to hold hearing, and no hearing date
already due: no later than 5th business day after app’n served
o Time limit for 2nd attempt at bail: within 8 days after the 1st attempt
o Time limit for bail hearing in CC: no later than 24h after notice served
o Time limit for Crown Court making decision about bail for murder: As soon as
reasonably practicable, and in any event, within 48 hours (excluding weekends and
public holidays)
▪ Start of custody time limit period: The day after the day on which the person
appears before the magistrates’ court
o Time limit for P to appeal against successful bail application
▪ Immediately give oral notice of intention to appeal
▪ Within 2 hours of oral notice, P gets confirmation in writing
▪ Appeal goes to CC judge within 48h of MC’s decision to grant bail
o Test for imposing bail conditions: May not be imposed unless necessary to do so
either for:
▪ Preventing FTS, CFO, or interference w/ witnesses (‘Big 3’) or
▪ D’s own protection
, o Arresting D w/o warrant for breach of bail
▪ Test for arresting w/o warrant:
● 1) Officer has rsnble grounds for believing D not likely to surrender
to custody; or
● 2) Officer has rsnble grounds for believing D has broken, or is likely
to break, any condition of his bail; or
● 3) Surety has given written notice to police that D is unlikely to
surrender to custody and for that reason surety wishes to be
relieved of his obligation
o => If no surety, breach 'surety' bail condition!
▪ Time limit for bringing D before MC (single justice): As soon as practicable,
and in any event within 24h (unless arrested on Sat)
o Prosecuting D for absconding (FTS = criminal offence)
▪ Test: FTS is a criminal offence if D fails to attend
● 1) W/o reasonable excuse; or
● 2) If D has reasonable excuse => Does not surrender as soon as is
reasonably practicable
▪ Maximum periods of punishment (either-way)
● In MC: Up to 3m imprisonment and/or a fine of any amount; or
o *D can be committed to CC for the absconding offence
● In CC: Up to 12m imprisonment and/or a fine of any amount
▪ Time limit for bringing D before court (do not require: summons, or issue
charge + requisition): As soon as appropriate after arrest
● Remand in custody
o *Trial must commence before expiry of the custody time limit
o Expiry of CTL
▪ If CTL expires before completion of stage of proceedings => D must be
granted bail
▪ Test for court granting extension of CTL: Court must be satisfied that
● 1) Good + sufficient cause; and
● 2) Crown had acted w/ all due diligence and expedition
o MC
▪ Time limit for remanding in custody in MC: 8 clear days
● Further remands: up to 28 days
▪ Test for remanding D for > 8 clear days:
● 1) Remand is on bail; and
● 2) Both D and P agree to longer period of remand
o CC
Stage of proceedings Applies to CTL
Tests, Limits, and Statutory Provisions/Case Law
Offences
● Criminal damage GBP 5k or less (summary-only)
o MC: 3m imprisonment, or level 4 fine
● Criminal damage > GBP 5k (either-way)
o MC: 6m imprisonment, or level 5 fine
o CC: 10y imprisonment
● Failure to surrender (absconding)
o MC: 3m imprisonment and/or fine of any amount
o CC: 12m imprisonment and/or fine of any amount
● Low-value shoplifting (GBP 200 or less) is summary-only. But, D has right to elect CC trial!!
● Classification
Summary Either-way Indictable only
1. Common assault 1. Theft 1. Robbery
2. Crim damage ≤ 2. Burglary 2. Rape
GBP 5,000 (max 3. Fraud 3. GBH/wounding
3m imprisonment; 4. Sexual Assault with intent s18
or level 4 fine) 5. ABH s47 OAPA 1861 OAPA 1861
(NOTE: If doubt re: 6. GBH/wounding s20 OAPA 1861
value, and D 7. Possession of Class A or B drugs
consents to 8. Possession w/ intent to supply of
summary trial => Class A or B drugs
treated as 9. Crim damage > GBP 5,000 (MC
summary-only) max 6m imprisonment; or level 5
fine; CC max 10 yrs imprisonment)
Police powers & preliminaries to prosecution
● Commencing criminal proceedings
o Time limit for bringing charge in MC: within 6 months of date of alleged offence
o No time limit in CC
● Detention without charge
o *Relevant time (RT) = when D first arrives at police station
o Summary-only
▪ Time limit: 24 hours from RT
▪ Extension: No
o Either-way or indictable-only
▪ Time limit: 24 hours from RT
▪ Extension: Yes
● Max 36h from RT => By Superintendent (or higher rank)
, o Test: Superintendent or above believes investigation being
conducted diligently and expeditiously
● Max 96h from RT => By MC
o Test: MC finds there are reasonable grounds for believing
further detention is justified
Bail & remands
● Remanding D on adjournments
o Either-way offence => General rule: If MC adjourns proceedings for an either-way
offence, court must remand D (on bail or in custody)
▪ Exceptions: Unless D --
● 1st appeared in answer to a summons or requisition; and
● Has not been remanded @ an earlier hearing
o MC may adjourn w/o remanding D for:
▪ Summary offence: @ all appearances up to conviction, or
▪ Either-way offence: Appearances up to either determination for trial on
indictment, or summary conviction, provided that D initially appeared in
answer to summons or requisition and has not subsequently been
remanded
● Bail
o Time limit to vary conditions of bail
▪ Time limit for serving application if D wants app’n to be heard at a hearing
already due: not less than 2 business days before that hearing
▪ Time limit for hearing if court decides to hold hearing, and no hearing date
already due: no later than 5th business day after app’n served
o Time limit for 2nd attempt at bail: within 8 days after the 1st attempt
o Time limit for bail hearing in CC: no later than 24h after notice served
o Time limit for Crown Court making decision about bail for murder: As soon as
reasonably practicable, and in any event, within 48 hours (excluding weekends and
public holidays)
▪ Start of custody time limit period: The day after the day on which the person
appears before the magistrates’ court
o Time limit for P to appeal against successful bail application
▪ Immediately give oral notice of intention to appeal
▪ Within 2 hours of oral notice, P gets confirmation in writing
▪ Appeal goes to CC judge within 48h of MC’s decision to grant bail
o Test for imposing bail conditions: May not be imposed unless necessary to do so
either for:
▪ Preventing FTS, CFO, or interference w/ witnesses (‘Big 3’) or
▪ D’s own protection
, o Arresting D w/o warrant for breach of bail
▪ Test for arresting w/o warrant:
● 1) Officer has rsnble grounds for believing D not likely to surrender
to custody; or
● 2) Officer has rsnble grounds for believing D has broken, or is likely
to break, any condition of his bail; or
● 3) Surety has given written notice to police that D is unlikely to
surrender to custody and for that reason surety wishes to be
relieved of his obligation
o => If no surety, breach 'surety' bail condition!
▪ Time limit for bringing D before MC (single justice): As soon as practicable,
and in any event within 24h (unless arrested on Sat)
o Prosecuting D for absconding (FTS = criminal offence)
▪ Test: FTS is a criminal offence if D fails to attend
● 1) W/o reasonable excuse; or
● 2) If D has reasonable excuse => Does not surrender as soon as is
reasonably practicable
▪ Maximum periods of punishment (either-way)
● In MC: Up to 3m imprisonment and/or a fine of any amount; or
o *D can be committed to CC for the absconding offence
● In CC: Up to 12m imprisonment and/or a fine of any amount
▪ Time limit for bringing D before court (do not require: summons, or issue
charge + requisition): As soon as appropriate after arrest
● Remand in custody
o *Trial must commence before expiry of the custody time limit
o Expiry of CTL
▪ If CTL expires before completion of stage of proceedings => D must be
granted bail
▪ Test for court granting extension of CTL: Court must be satisfied that
● 1) Good + sufficient cause; and
● 2) Crown had acted w/ all due diligence and expedition
o MC
▪ Time limit for remanding in custody in MC: 8 clear days
● Further remands: up to 28 days
▪ Test for remanding D for > 8 clear days:
● 1) Remand is on bail; and
● 2) Both D and P agree to longer period of remand
o CC
Stage of proceedings Applies to CTL
