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#4727 - Mc Or Cc - BPC Criminal Litigation (formerly BPTC) 2024/2025

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CLASSIFICATION OF OFFENCES, MODE OF TRIAL, SENDING FROM MAGISTRATES COURT TO CROWN COURT & COMMITTAL FOR SENTENCING CLASSIFICATION OF OFFENCES Summary Offences * All summary offences are statutory * Statute shows offence is summary by specifying maximum penalty of PS500 fine and/or 6 months imprisonment (or less) and no alternative penalty for trial on indictment. Indictment-Only Offences * All common-law offences (eg. murder, manslaughter) and some statutory offences * Statute shows indictment-only offence by only providing penalty for conviction on indictment. * Case starts in Magistrates Court, then sent to Crown Court for trial. Either-Way Offences * Shown by: * statute - alternative penalties for summary trial and trial on indictment, or * reclassification by statute - eg. s17 Magistrates Courts Act ("MCA") downgrades some indictment-only offences to either-way. Criminal Damage * Either-way offence * s22 MCA : Criminal Damage (other than by fire) where value of damage
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BPC Criminal Litigation (formerly BPTC) 2024/2025

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