Allocating crime for trial in England and Wales

• Author: Christopher Pitchers
• Position: Judge of the High Court of England and Wales
• Pages: 32-38

ALLOCATING CRIME FOR TRIAL

IN ENGLAND AND WALES

THE HON. MR. JUSTICE CHRISTOPHER PITCHERS*

I. GENERAL

A. BY OFFENCE TYPE

There are three types of offence:1

(i) Summary only offences triable only in the

Magistrates’ Court.

(ii) Either way offences triable either in the

Magistrates’ Court or the Crown Court.

(iii) Indictable only offences triable only in the Crown

Court.

1. Statutory offences

If the statute creating the offence only prescribes a

maximum penalty on summary conviction and none on

conviction on indictment, the offence is summary only. The

maximum penalty for these offences will be six months or

less. If different penalties are provided for conviction

summarily (six months or less) and on indictment, the offence

is triable either way. If the only penalty provided is on

indictment, the offence is indictable only.

2. Common law offences

These are triable on indictment only unless listed in

Schedule 1 to the Magistrates’ Courts Act, 1980 Act. The few

remaining common law offences are mostly serious and

would be indictable only if created by statute (e.g. murder,

manslaughter, false imprisonment, kidnapping).

2003] Allocating Crime in England and Wales 32

1 Magistrates’ Courts Act, 1980, ss. 17 to 25.

* Judge of the High Court of England and Wales.