Criminal Defence Solicitors London - INDICTABLE & SUMMARY

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Criminal Solicitors London and the UK will advise that within Criminal Law and procedure all Criminal offences are categorised into three main types. These are summary only offences, either way or indictable offences and offences that are classed as indictable only. 

Summary only offences are of lower severity and include most driving offences low level assault. Criminal Solicitors east ham will advise that  Summary only offences or summary offences can only be tried in the Magistrates Courts

Criminal Solicitors London will advise that  Either way offences also known as indictable offences cover a wide range of crimes including theft, possession of drugs & more serious assaults. Either way or Indictable offences can be tried in either the Crown Court or the Magistrates Court.

Criminal Solicitors London will advise that Indictable only offences are the most serious offences and include murder and rape. These can only be tried in Crown Court

Criminal Solicitors London will advise that Summary offences (generally) can only be tried in a Magistrates’ Court. In some instances, summary only offences can be sent to the Crown Court for trial where the summary only offence is linked to linked to or associated with another (indictable or indictable only) offence which has been sent to the crown court.

For example, a person who causes criminal damage to a door would generally be dealt with in the magistrates court. If however, the damage to the door was caused during the course of a burglary and that burglary was sent to the Crown Court, the allegation of criminal damage would also be sent to the Crown Court.

 The maximum sentence for summary offences depends on the charge itself.  Magistrates courts have the power to impose a maximum sentence of 6 months imprisonment for summary only offences, subject to the maximum sentence of the specific offence. 

 If you are facing summary only offences or you do not know the type of offence you are facing, speak to a criminal solicitor, a firm of criminal solicitors or contact us for more information. 

All criminal cases begin life in the Magistrates Court.  At the first appearance for an indictable or either way offence, the court will determine whether your case should be heard in the Magistrates Court or the Crown Court.

Usually at the first hearing in the magistrates court, the Court will hold what is called a mode of trial hearing.  In the first instance, the accused will be asked whether they intend to plead guilty to the allegation or plead not guilty.

At the mode of trial hearing, if the accused pleads not guilty, the Magistrates will hear some of the facts of the case to determine how serious the allegations are and whether their powers of sentence are sufficient.  If the magistrates determine that there powers of sentence are sufficient, they will "accept jurisdiction".  This means that they are prepared to hear the case in the Magistrates Court.

At this point the accused will be given the opportunity to state whether they wish to have their case heard in the Magistrates or the Crown Court.

At the mode of trial hearing, if the accused pleads not guilty and the Magistrates confirm they are prepared to hear the case in the Magistrates Court, the accused will then be given the opportunity to state whether they wish to have their case heard in the Magistrates or the Crown Court.

If the accused states that they wish to have their trial in the Magistrates Court, the court will then set a trial date and make other orders for the effective preparation of the trial.

If the accused states that they wish to have their trial in the Crown Court before a judge and jury, then the case will be adjourned for a hearing date in the Crown Court.

At the mode of trial hearing, if the accused pleads guilty, the Magistrates will accept that as a a guilty plea and determine whether they have sufficient sentencing powers or whether the accused should be sent to the Crown Court to be sentenced by a judge. 

Whether you are facing summary only offences, indicatable offences  or you do not know the type of offence you are facing, speak to a criminal solicitor, a firm of criminal solicitors and contact us for more information.  

 All criminal cases begin life in the Magistrates Court.  At the first appearance for an indictable only offence, the court will determine that the case should be sent to the Crown Court.

Although indictable only offences can only be dealt with in the Crown Court, the Magistrates are required to ask for the issues in the case.  Failing to indicate a guilty plea at this stage can lead to the loss of credit for a guilty plea.

Early advise is essential - Whether you are facing summary only offences, indicatable offences  speak to us today - The criminal solicitors.