Syllabus offences

Question 1

Summary only offences?

Answer 1

Tried in Magistrates Court
* Assault
* Battery
* Simple criminal damage where value is £5000 or less
* Attempt to committ criminal damage £5000 or less

assault and battery cannot be object of a criminal attempt (as summary only offence)

Question 2

Either-way offences?

Answer 2

Tried in either Magistrates or Crown Court
* Thefts: s 1 Theft Act 1968
* Burglary: s 9(1)(a) or (1)(b) Theft Act
* Fraud:
- by false representation
- by abuse of position
- by failing to dislose
* Assault occasioning actual bodily harm: s 47 OAPA 1861
* Wounding or inflicting grevious bodily harm: s 20 OAPA
* Simple criminal damage where value exceeds £5000
* Simple arson
* Sexual assault

Attempts to commit either-way offences will be triable either way

Question 3

Indictable only offences?

Answer 3

• Robbery: s 8 Theft Act
• Wounding or causing grevious bodily harm with intent - s 18 OAPA
• Aggravated burglary: s 10 Theft Act
• Aggravated arson
• Aggravated criminal damage
• Rape
• Murder
• Involuntary manslaughter

Attempts to commit indictable only offences will be triable only on indictment

Question 4

Criminal damage?

Answer 4

Criminal damage can be:
* a summary only or
* an either-way offence

Section 22 Magistrates Court Act states that value of damage determines classification of offence - does not apply where criminal damage is caused by fire and arson is always an either-way offence

Question 5

Calculating the criminal damage?

Answer 5

• if D is charged with several offences, court must ask whether the offences are part of a series - if yes, court will add up value of damage across all offences to decide whether total passes £5000 - if no, each offence is valued separately.
• Value of damage:
  
  • when destroyed = the cost of replacement
  • when damaged = the cost of repair or replacement (whichever is less)
• In deciding value, court must hear representations from parties (e.g., invoices or estimates for repair) - no requirement to hear evidence on the value (e.g., calling witnesses), though it can.

Question 6

Value of criminal damage?

Answer 6

Value of criminal damage £5000 or less:
* summary only
* maximum sentence is 3 months imprisonment ot fine at level 4 standard scale
* D cannot be committed for sentence to CC

Value of criminal damage over £5000:
* either-way offence
* tried in MC then maximum sentence sentence is 12 months imprisonment or fine at level 5 scale standard scale
* D can be committed for sentence in CC, where maximum sentence on indictment is 10 years

Value is uncertain:
* value of damage is uncertain - unknown whether or not damage exceeds £5000
* D is asked if they consent summarily - if so, maximum sentence is 3 months or level 4 fine
* if D does not consent then offence will be treated as either-way and higher sentencing powers will apply.

Question 7

Low value shoplifting

Answer 7

• where value does not exceed £200 = summary only offence
• statute still allows adult D to elect trial by CC and if so, shopflifting will be treated as a theft which is an either-way offence

shoplifting is not an offence but when charged it will be theft