First hearings before the magistrates' court - Classification of offences (summary, either-way, indictable)

Learning Outcomes

This article explains the classification of criminal offences in England and Wales and outlines the procedures followed during the first hearing in the magistrates’ court for each category. After reading this article, you should be able to distinguish between summary, either-way, and indictable-only offences and understand their respective procedural pathways from the initial hearing. This knowledge is essential for answering SQE1 questions related to criminal practice and procedure.

SQE1 Syllabus

For SQE1, you are required to understand the classification of offences and the procedures at first hearings in the magistrates’ court. This involves identifying the category of an offence and knowing how that dictates the subsequent steps in the criminal justice process. Pay attention to:

  • The three main classifications of criminal offences: summary, either-way, and indictable-only.
  • The jurisdiction of the magistrates’ court and the Crown Court in relation to each classification.
  • The procedures followed at the first hearing in the magistrates’ court for summary, either-way, and indictable-only offences.
  • Key statutory provisions governing these procedures (eg, Magistrates’ Courts Act 1980, Crime and Disorder Act 1998).
  • Specific rules for certain offences, such as low-value shoplifting.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which category of offence must always be sent to the Crown Court for trial after the first hearing in the magistrates' court?
    1. Summary only offences
    2. Either-way offences where the defendant pleads guilty
    3. Indictable-only offences
    4. Low-value shoplifting
  2. What is the primary purpose of an allocation hearing for an either-way offence?
    1. To determine the defendant's guilt or innocence
    2. To decide which court (magistrates' or Crown Court) is the appropriate venue for trial
    3. To sentence the defendant following a guilty plea
    4. To consider the defendant's application for bail
  3. A defendant is charged with theft (an either-way offence) alleged to involve goods worth £150. They indicate a not guilty plea. Which statement is most accurate regarding the trial venue?
    1. The case must be tried in the Crown Court.
    2. The case is treated as summary only, but the defendant can elect Crown Court trial.
    3. The case must be tried in the magistrates' court with no option for Crown Court trial.
    4. The magistrates must decline jurisdiction due to the value involved.

Introduction

All criminal cases commence in the magistrates’ court, irrespective of the seriousness of the offence. However, the subsequent procedure and the court in which the case will ultimately be tried depend critically on how the offence is classified. Understanding the distinction between summary, either-way, and indictable-only offences is fundamental to working through the early stages of criminal proceedings. This article examines these classifications and explains the key procedures undertaken during the first hearing in the magistrates' court for each type of offence, providing a foundational understanding necessary for criminal practice.

Classification of Offences

Criminal offences in England and Wales are categorised into three main types, which dictate the procedural route a case will follow.

Summary Offences

These are generally less serious offences that can only be tried in the magistrates' court.

Key Term: summary offence
An offence that must be tried in the magistrates' court. It typically carries a maximum sentence of six months' imprisonment for a single offence (though this can be higher in specific statutory exceptions or for multiple offences).
Examples include common assault, battery, and most driving offences. Proceedings for summary offences must usually commence within six months of the offence being committed. At the first hearing, the defendant enters a plea. A guilty plea leads to sentencing (potentially adjourned for reports), while a not guilty plea leads to the setting of a trial date in the magistrates' court.

Either-Way Offences

These offences vary in seriousness and can be tried either in the magistrates' court ('summarily') or in the Crown Court ('on indictment').

Key Term: either-way offence
An offence that can be tried either in the magistrates' court or the Crown Court. The decision on venue depends on the seriousness of the specific offence and procedural rules, including the defendant's election in some cases.
Examples include theft, assault occasioning actual bodily harm (ABH), and most burglaries. There is generally no time limit for commencing prosecution. The procedure at the first hearing is more complex, involving 'plea before venue' and potentially an 'allocation' hearing to decide the trial venue.

Key Term: plea before venue
The procedure in the magistrates' court for an either-way offence where the defendant is asked to indicate how they would plead if the case proceeded to trial. This indication determines the next steps (sentencing/committal for sentence if guilty, allocation hearing if not guilty).

Key Term: allocation hearing
A hearing in the magistrates’ court for an either-way offence where a not guilty plea is indicated. The magistrates decide whether the case is suitable for summary trial or if it should be sent to the Crown Court, considering the seriousness of the offence and their sentencing powers.

Indictable-Only Offences

These are the most serious offences and must be tried in the Crown Court before a judge and jury.

Key Term: indictable-only offence
The most serious category of offence, which must be tried on indictment in the Crown Court.
Examples include murder, manslaughter, rape, and robbery. The first hearing takes place in the magistrates’ court, but its role is limited. The magistrates confirm the defendant's identity, deal with bail, and then formally send the case to the Crown Court for trial under s 51 of the Crime and Disorder Act 1998. No plea is taken in the magistrates' court for these offences.

Worked Example 1.1

David is charged with robbery. He appears for his first hearing at the local magistrates' court. What procedure will the court follow regarding the venue for his trial?

Answer: Robbery is an indictable-only offence. Therefore, the magistrates' court has no jurisdiction to try the case. David will not be asked to enter a plea. The magistrates will deal with preliminary matters such as bail and legal aid, and then send the case directly to the Crown Court for a plea and trial preparation hearing (PTPH) under s 51 of the Crime and Disorder Act 1998.

Procedure at the First Hearing

The procedure followed at the first hearing in the magistrates' court depends directly on the classification of the offence(s) charged.

Summary Only Offences

  1. Charge Read: The charge is read to the defendant.
  2. Plea Taken: The defendant is asked to plead guilty or not guilty.
  3. Guilty Plea: If the plea is guilty, the court usually proceeds to sentencing immediately, possibly after hearing brief facts from the prosecution and mitigation from the defence. Sentencing may be adjourned for reports (e.g., pre-sentence report).
  4. Not Guilty Plea: If the plea is not guilty, the court will manage the case towards trial, setting a trial date and giving directions for witness statements and other evidence. Bail will be considered if the case is adjourned.

Either-Way Offences (Procedure)

  1. Charge Read: The charge is read out.
  2. Plea Before Venue (PBV): The defendant is asked to indicate their likely plea (guilty or not guilty) if the matter were to proceed to trial (Magistrates' Courts Act 1980, s 17A).
  3. Guilty Plea Indicated: The court treats this as a guilty plea. The magistrates will hear the facts and consider sentencing. They may sentence the defendant themselves (within their powers, generally up to 6 or 12 months depending on the offence and when committed) or, if they feel their powers are insufficient due to the seriousness of the offence, commit the defendant to the Crown Court for sentence.
  4. Not Guilty Plea Indicated (or No Indication): The court proceeds to an allocation hearing (also known as mode of trial hearing) under s 19 MCA 1980.
    • Magistrates Consider Jurisdiction: They hear representations from prosecution and defence and consider the nature and seriousness of the case, their sentencing powers, and any relevant guidelines. They decide if the case is suitable for summary trial.
    • Jurisdiction Accepted: If suitable for summary trial, the defendant is informed they can choose magistrates' court trial or elect Crown Court trial. They are warned that even if convicted in the magistrates' court, they could still be committed to the Crown Court for sentence (s 20 MCA 1980).
    • Jurisdiction Declined: If deemed too serious for summary trial, the case is sent directly to the Crown Court for trial. The defendant has no choice in this instance.

Indictable-Only Offences (Procedure)

  1. Charge(s) Identified: The charge(s) are confirmed.
  2. No Plea Taken: The defendant is not asked to enter a plea.
  3. Administrative Matters: The court deals with issues like funding (legal aid), bail, and reporting restrictions.
  4. Sending to Crown Court: The case is formally sent to the Crown Court under s 51 Crime and Disorder Act 1998 for a plea and trial preparation hearing (PTPH).

Worked Example 1.2

Sarah is charged with theft of items valued at £600 from her employer. At her first hearing in the magistrates' court, she indicates a not guilty plea. The magistrates consider the breach of trust involved makes the case potentially serious but decide their sentencing powers might be adequate. What happens next?

Answer: Since Sarah indicated a not guilty plea to an either-way offence and the magistrates have accepted jurisdiction (deeming it suitable for summary trial), the procedure moves to the defendant's election under s 20 MCA 1980. Sarah must now choose whether she consents to be tried in the magistrates' court or elects to be tried by jury in the Crown Court. She must be warned that if she consents to summary trial and is convicted, the magistrates could still commit her to the Crown Court for sentence if they later decide their powers are insufficient.

Exam Warning

Pay close attention to the specific rules for low-value shoplifting (under £200) and criminal damage (under £5,000). Low-value shoplifting is treated as summary only, but the defendant retains the right to elect Crown Court trial if pleading not guilty (s 22A MCA 1980). Low-value criminal damage (not arson) is treated as summary only, and the defendant cannot elect Crown Court trial (s 22 MCA 1980). Arson is always either-way, regardless of value.

Key Statutory Framework

Understanding the legislative basis for these procedures is essential.

  • Magistrates' Courts Act 1980 (MCA 1980):
    • Sections 17A-21: Govern the plea before venue and allocation procedures for either-way offences.
    • Section 22: Deals with the mode of trial for criminal damage offences based on value.
    • Section 22A: Deals with the mode of trial for low-value shoplifting.
  • Crime and Disorder Act 1998 (CDA 1998):
    • Section 50A: Governs sending related offences to the Crown Court without allocation.
    • Section 51: Governs the procedure for sending indictable-only offences (and related matters) to the Crown Court.
  • Criminal Procedure Rules 2020 (CrimPR):
    • Part 9: Details the rules for allocation and sending for trial.

While specific section numbers may not always be required, familiarity with the function of these Acts is important for understanding the source and authority of the procedures.

Key Point Checklist

This article has covered the following key knowledge points:

  • Offences are classified as summary only, either-way, or indictable-only.
  • Summary offences are tried only in the magistrates' court.
  • Indictable-only offences are tried only in the Crown Court (sent there after a first hearing in the magistrates' court).
  • Either-way offences can be tried in either court, determined by plea before venue and allocation procedures.
  • The first hearing for all adult offences takes place in the magistrates' court.
  • Procedure at the first hearing varies significantly depending on the offence classification.
  • For either-way offences with a not guilty plea indication, magistrates first decide if the case is suitable for summary trial (allocation).
  • If magistrates accept jurisdiction for an either-way offence, the defendant can elect Crown Court trial or consent to summary trial.
  • Special rules apply to low-value shoplifting and low-value criminal damage.

Key Terms and Concepts

  • summary offence
  • either-way offence
  • plea before venue
  • allocation hearing
  • indictable-only offence
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