Criminal Courts And Criminal Process: Classification Of Criminal Offences – Summary, Triable Either Way And Indictable (Copy)

1.2.3 Criminal Courts and Criminal Process

Classification of Criminal Offences – Summary, Triable Either Way and Indictable

Introduction

• Criminal offences in England and Wales are classified into three categories according to their seriousness:
  1. Summary Offences
  2. Triable Either-Way Offences
  3. Indictable-Only Offences
• This classification determines:
  • Which court hears the case (Magistrates’ Court or Crown Court).
  • The procedure followed before trial.
  • The maximum sentencing powers available.
• The classification reflects the principle of proportionality: minor crimes should be dealt with quickly and cheaply, while serious crimes require full jury trial and stronger sentencing powers.

1. Summary Offences

• Definition
  • The least serious criminal offences, tried only in the Magistrates’ Court.
• Examples
  • Minor assault (common assault under s.39 Criminal Justice Act 1988).
  • Most road traffic offences (speeding, driving without insurance).
  • Drunk and disorderly behaviour.
  • Minor criminal damage (damage under £5,000).
• Procedure
  • No jury trial – heard by lay magistrates (usually three Justices of the Peace) or a District Judge.
  • Simplified, speedy process.
  • Defendant enters plea at the first hearing; trial held in Magistrates’ Court if plea is not guilty.
• Sentencing Powers
  • Up to 6 months imprisonment (12 months for two or more offences).
  • Unlimited fines (since Legal Aid, Sentencing and Punishment of Offenders Act 2012).
  • Community orders and disqualifications (e.g., driving ban).
• Advantages
  • Quick, efficient, low cost.
  • Suitable for minor, everyday offences.
• Disadvantages
  • Limited sentencing powers may be inadequate for borderline cases.
  • No jury trial – criticised as lacking community input.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

2. Triable Either-Way Offences

• Definition
  • Offences of intermediate seriousness which can be tried either in Magistrates’ Court or Crown Court.
  • Venue depends on seriousness, complexity, and defendant’s choice.
• Examples
  • Theft (Theft Act 1968).
  • Burglary (simple).
  • Assault occasioning Actual Bodily Harm (ABH, s.47 Offences Against the Person Act 1861).
  • Possession of drugs.
• Mode of Trial Procedure
  1. Case starts in Magistrates’ Court.
  2. Magistrates hold a plea before venue hearing:
     • If defendant pleads guilty → magistrates sentence, or if powers insufficient, case sent to Crown Court.
     • If defendant pleads not guilty → magistrates decide if they can deal with it (considering seriousness and sentencing powers).
  3. If magistrates accept jurisdiction → defendant can elect trial by jury in Crown Court.
• Sentencing Powers
  • Magistrates’ Court: maximum 6–12 months custody (depending on number of offences), unlimited fines.
  • Crown Court: unlimited sentencing powers (up to statutory maximum for the offence).
• Advantages
  • Defendant has choice of forum (Magistrates or Crown Court).
  • Jury trial ensures public participation.
  • Crown Court has greater sentencing powers.
• Disadvantages
  • Crown Court is more costly and slower.
  • Risk of harsher sentencing in Crown Court.
  • Jury trials can be unpredictable.
• Case Example
  • R v Mode of Trial Procedure cases confirm that magistrates must consider both their powers and case seriousness before accepting jurisdiction.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

3. Indictable-Only Offences

• Definition
  • The most serious criminal offences, tried only in the Crown Court.
• Examples
  • Murder.
  • Manslaughter.
  • Rape.
  • Robbery.
  • Section 18 Offences Against the Person Act 1861 (Grievous Bodily Harm with intent).
  • Drug trafficking, terrorism offences.
• Procedure
  • Case starts in Magistrates’ Court for initial hearing (bail, legal aid, administrative matters).
  • Automatically sent (“committed”) to Crown Court for trial by jury.
  • At trial:
    • Judge rules on law and sentencing.
    • Jury decides verdict based on facts.
• Sentencing Powers
  • Unlimited imprisonment, including life sentences.
  • Unlimited fines.
  • Extended powers such as confiscation orders, extended sentences under Criminal Justice Act 2003.
• Advantages
  • Jury trial ensures legitimacy for serious cases.
  • Judges with expertise handle complex trials.
• Disadvantages
  • Crown Court trials are slow and costly.
  • Intimidating for defendants and witnesses.
  • Reliance on jury can lead to unpredictability (e.g., acquittals despite strong evidence).

Comparative Overview

Evaluation of Classification

Strengths

• Ensures proportionality – minor cases dealt with quickly, serious ones given full trial.
• Provides defendant choice in either-way offences, protecting fairness.
• Filters court resources appropriately.

Weaknesses

• Magistrates’ sentencing powers may be too limited.
• Defendant choice for Crown Court trial can cause unnecessary delay and cost.
• Jury trials may cause inconsistency in serious cases.
• Complex classification system may confuse non-lawyers.

Conclusion

• The classification of offences into summary, triable either-way, and indictable-only is central to the operation of the criminal courts.
• It balances efficiency and fairness, ensuring cases are tried at the right level with appropriate procedure and sentencing powers.
• Though criticisms exist (especially about delay and cost in either-way and indictable trials), the system reflects the need for justice tailored to seriousness.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course