Types of Criminal Offences

There are three types of criminal offences: summary, indictable and triable either way. The nature of the offence determines the mode of trial.

Summary offences are the less serious offences. These offences are tried in the magistrates’ court, without a jury, before a bench of two or three lay magistrates or by one district judge. The sentences of the magistrates’ courts are limited to imposing a fine of up to 5,000 pounds or a prison sentence of six months.

Indictable offences are the most serious offences. Examples are murder, manslaughter, rape and arson. The procedure for trying these offences begins in the magistrates’ court. This court has the duty to assess whether there is evidence or not to send the accused for trial by jury. If there is enough evidence, a trial will take place in the Crown court before a judge and a jury. This procedure is called “the committal,” that is the referring of a case from a magistrates’ court for trial at the Crown court following a preliminary investigation by the magistrates.

Certain types of offences are triable either way: either as an ‘indictable offence’ or as a ‘summary offence’. When an offence is triable either way, the magistrates’ court must decide, if the case should be tried on indictment or summarily. Even if they decide that they can hear the case themselves, they must give the defendant the choice of opting for trial upon indictment before a jury. These include offences of deception, theft, dangerous driving and some others.

Дата добавления: 2015-07-21