Categories of Criminal Offence

Criminal offences in England and Wales are categorised according to their severity. The offence category determines how it is dealt with via the court system.

In this article we give a whistle stop tour of the different offence categories. This is a very broad subject, so we cannot possibly cover every single angle. That said, we hope to cover the most pertinent points.

There are three different categories:

• Summary offences;
• Either way offences;
• Indictable offences.

Each offence has a maximum sentence prescribed by law.

Virtually all criminal court cases start in the Magistrates' Court and more than 90 per cent will be completed there.

Summary offences:

Generally speaking these offences fall at the less serious end of the spectrum. Summary offences are usually dealt with by the Magistrates' Court, save for exceptional circumstances that we won't dwell on here.

If the defendant admits the offence, the Magistrates/District Judge will go on to sentence them. If the defendant denies the offence, then a trial will take place at the Magistrates' Court to determine whether or not they are guilty. Trial at the Magistrates' Court in this manner is referred to as summary trial.

In the case of a summary offence, the prosecution must commence proceedings at the Magistrates' Court within 6 months of the date the offence is alleged to have taken place.

The following are some of the more common summary offences dealt with at the Magistrates' Court:

• Speeding;
• Drunk and disorderly;
• Drink driving;
• Driving whilst disqualified;
• Careless driving;
• Vehicle construction and use offences;
• Animal cruelty;
• Common assault;
• Assaulting a police officer.

Low value theft and criminal damage are also dealt with as summary offences.

Either way offences:

Generally speaking these offences are more serious than summary offences. Either way offences can be dealt with by the Magistrates' Court or the Crown Court.

The decision about whether an either way offence is dealt with by the Magistrates' or Crown Court is called allocation.

If the defendant admits the offence, the Magistrates/District Judge has to decide whether or not their sentencing powers are sufficient to deal with the matter. If the Magistrates/District Judge decides that sentencing does fall within their powers, they will go on to sentence the defendant. If the Magistrates/District Judge decides that their sentencing powers are insufficient, they will commit the defendant to the Crown Court for sentencing.

If the defendant denies the offence, the Magistrates/District Judge has to decide whether the matter is suitable for summary trial at the Magistrates' Court or trial on indictment (e.g. with a jury) at the Crown Court. The prosecution and defence advocates will make representations to assist the Magistrates/District Judge in making this decision.

If the Magistrates/District Judge accepts jurisdiction, the defendant can then choose to have their trial at either the Magistrates' or Crown Court. If the Magistrates/District Judge declines jurisdiction, the matter is sent for trial at the Crown Court.

If the defendant is convicted by summary trial at the Magistrates' Court, the Magistrates/District Judge can commit the case to the Crown Court for sentencing if they later, with the benefit of hindsight, decide their powers are insufficient.

The following are some of the more common either way offences dealt with at the Magistrates' Court:

• Affray;
• Theft;
• Criminal damage;
• Burglary;
• Assault occasioning actual bodily harm;
• Dangerous driving;
• Causing death by careless driving;
• Possession of drugs;
• Possession of an offensive weapon;
• Sexual assault.

Indictable offences:

Generally speaking these are the most serious offences. Indictable offences must be dealt with by the Crown Court.

Anyone charged with an indictable offence still makes a preliminary appearance at the Magistrates' Court, where the matter of bail may be considered prior to their first appearance at the Crown Court.

The following are examples of indictable offences dealt with at the Crown Court:

• Murder;
• Manslaughter;
• Rape;
• Robbery.