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If the case relates to an indictable only offence, it must be sent to the Crown Court immediately by the magistrate. This process is set out in Section 51 of the Crime and Disorder Act The magistrate will ask the defendant if they intend to plead guilty in the Crown Court. If the defendant indicates that they will plead guilty, they will then have to confirm their plea to the Crown Court.
The Crown Court can then proceed to deal with sentencing. If, on the other hand, the defendant says they intend to plead not guilty, or remains silent, the Crown Court will list the case for a case management hearing.
This is a hearing that determines the next steps in the case. Where the crime is set out in statute, the statute will stipulate whether the offence is indictable only. For example, the offence of rape is set out in the Sexual Offences Act Where the offence is a common law offence, which means that it has been formed through judgments of the courts over the years rather than being written in a statute, there is, of course, no statute to which to refer.
Indictable offences arising from common law include murder and manslaughter. If you are not sure of whether the offence that you have been accused of is indictable only, seek the advice of a criminal defence solicitor. By contrast, indictable only offences are more serious offences, which must be tried in the Crown Court. Summary only offences are less serious offences, such as shoplifting, common assault , most motoring offences e. In addition, where a Defendant is under the age of 18, they will be tried summarily unless they have been charged with homicide, a violent or sexual offence for which an adult could receive a 10 year sentence or more, a firearms offence, or they are being tried alongside a person over the age of 17, and it is in the interests of justice that their cases should be heard together.
If any of these circumstances apply, the person under 18 will be tried on indictment in the Crown Court. There are exceptions to these rules when a person is tried for a summary only offence, for which they could receive a prison sentence or disqualification from driving, which is linked to indictable only offence. Assault charges can be dropped for a number of different reasons. Three of the most common reasons cited for charges being dropped by police or the CPS are: 1.
A lack of sufficient evidence. A common reason for dropping assault charges is a lack of sufficient evidence. If you are facing simple assault charges on top of other crimes, you may be able to plea to other charges.
This boils down to you admitting your guilt regarding one or more crimes. This offence is not designed to cover all assaults on police officers. If an assault leads to more significant injury than is covered by common assault then the attacker would potentially be guilty of a more serious offence — either ABH or GBH. Assault occasioning actual bodily harm section 47, Offences against the person act For this offence, the assault which can be intentional or reckless as above must have caused some physical harm to the victim.
It does not need to be serious or permanent but must be more than trifling or transient. Some psychiatric harm can also be covered by this offence, but must be more than just fear or anxiety.
Grievous bodily harm means really serious physical harm although it does not have to be permanent or dangerous. It can also comprise psychiatric injury or someone passing on an infection, such as through sexual activity.
Wounding requires the breaking of the skin, or the breaking of the inner skin eg within the lip but does not include the rupturing of blood vessels. Although a minor wound would therefore technically come under this offence, in practice the CPS is unlikely to charge it under s.
For a second time offence within a ten year period, you can get a minimum of 30 days in prison. Afterwards, each subsequent conviction results in days in jail.
To successfully defend yourself against any charges or allegations, whether summary conviction or indictable offence, it is important to consult a criminal lawyer immediately. Get in touch with one of our OMQ lawyers and speak to them one on one.
Quickly set up a FREE consultation by filling out our intake form. Schedule your Consultation. Request a Free Consultation. Summary offences. Assisting a deserter Offences in relation to RCMP members Taking part in an unlawful assembly with the intent of deliberately disturbing the peace. Minimum Punishment: Life Imprisonment.
Maximum Punishment: Prison for life. Committing an offence for a terrorist group Knowingly instructing, directly or indirectly, any activity for a terrorist group Knowingly instructing terrorist activity Instructing commission of an offence for criminal organization Attempted murder with a restricted or prohibited firearm Aggravated sexual assault with a restricted firearm or for a criminal organization Kidnapping, trafficking in persons, hostage taking and abduction with a restricted firearm etc.
Maximum Punishment: 14 years in prison. Administering noxious thing with intent to endanger life Administering noxious thing Aggravated Assault Alarming Her Majesty Arson causing damage to own property with disregard for life Arson causing damage to property with disregard for life Assisting an alien enemy Attack on premises, residence or transport of internationally protected person Attack on premises, residence or transport of U.
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