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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
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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
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All common-law offences (eg. murder, manslaughter) and some statutory offences
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Statute shows indictment-only offence by only providing penalty for conviction on indictment.
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Case starts in Magistrates Court, then sent to Crown Court for trial.
Either-Way Offences
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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
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Either-way offence
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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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