CATEGORY

OF OFFENCE

PLACE
OF TRIAL

EXAMPLES
OF OFFENCE

Summary

Magistrates
court

Driving without insurance;

Criminal damage 5,000
Common assault

Triable
either way

Magistrates
court
OR

Indictable

Theft;
Assault occasioning a.b.h.;

Crown Court

Obtaining property by
deception

Crown Court

Murder; Manslaughter;
Rape; Robbery

Proceedings for a summary offence

Guilty
Prosecutor outlines rsum
of the facts of the case
D is asked if s/he agrees (if not,
Newton hearing to find out)
Ds past record is given to court
Other info & reports, especially Ds
background and financial position

Plea

Not guilty
Trial: prosecution opening speech;
prosecutions examination in chief;
defence cross examination;
submission of no case to answer?
defence examination in chief;
prosecution cross examination;
defence closing speech
Verdict by magistrates or district judge
Guilty

Probation officers pre-sentence

report, medical report, etc

Not guilty

Past record, etc.

Mitigation pleas (i.e. for leniency)

Magistrates or district judge
decide sentence

Sentence

Free to go

Procedure for triable either way offences

GUILTY

Magistrates will hear

the facts and decide
if their sentencing
powers are sufficient

Plea
before
venue

NOT GUILTY
Mode of trial hearing:
Magistrates decide whether or
not to accept jurisdiction

ACCEPT JURISDICTION

REFUSE JURISDICTION

Defendant elects place

of trial
If
sufficient
will
sentence

If not, will
send to
Crown
Court for
sentencing

Chooses
magistrates
court. Trial
held there

Chooses
Crown Court.
Trial held
there

Sent to
Crown
Court for
trial

Trial at Crown Court

Plea of Not Guilty
Jury is sworn in
Prosecutions opening speech
what the case is about and what
they intend to prove
Prosecutions examination in
chief, plus cross examination by
defence, plus prosecutions other
evidence, e.g. documents, videos

Guilty verdict judge gives sentence;

if not, D is discharged and normally
cannot be tried for the offence again
but see Criminal Justice Act 2003
Jurys verdict is given in open court
Jury retires to consider their verdict
Judge sums up and directs jury on
relevant law
Defences closing speech pointing out
weaknesses in the prosecutions case

Defence may submit no case to

answer: judge directs to acquit
if s/he agrees

Prosecutions closing speech the

strengths of their case

If there is a case to answer,

defence may make an opening
speech provided they intend to
call witnesses other than D

Defences examination in chief, plus

cross examination by prosecution, plus
defences other evidence, e.g.
documents, videos. If D does not give
evidence judge may comment on that