Zusammenfassung der Ressource
Summary Offences and Crown Court
- Governed by Part 37 CPR 2010
normally
- Crown Court may deal with summary offences in the following circumstances
- Commital for sentence
- s3 PCC(S)A
- s4 PCC(S)A
- GP to an e/w offence A but NG to a related
e/w offence B
- Offence B is sent to CC
- Offence A is sent to CC for sentence
- s6 PCC(S)A
- Where a d is committed for sentence under:
- s3, s3A or s4
- s13(5) offence committed in breach of a CC conditional charge
- sch 12, para 11 CJA 2003 breach of a CC suspended sentence
of imprisonment
- Mags can commit for any offences (summary or e/w which
he is convicted
- CC powers for sentence are limited to MC
for s6 offences by s7 PCC(S)A
- s6(3) Criminal Law Act 1967
- Alternative verdicts reached by a jury for a
summary offence
- An offence not on the indictment
- the allegation on the indictment charge amount to or include by
implication an allegation of another indictment
- the jury finds him NG of
the charge on the
indictment
- s40 summary offences
can be included
- What type of offences can have alternative verdict
- Wounding, Assault (ABH) racially aggravated
common assault are alternatives verdicts of
common assault
- it is not necessary to have a
separate count on the
indictment (s40) for a low
value criminal damage that
would normally be tried
summarily (R v Fennell)
- s40 CJA 1988
- Conviction of a summary offence on the
indictment
- s41 CJA 1988
- Summary offence on the back of the
indictment
- for summary offences punishable with imprisonment or
disqualification where the d is:
- committed for trial on
an e/w offence s.41
- sent for trial on an indictable-only
offence s51
- The summary offence must arise out of circs which appear to the court to
be same or connected with those giving rise to one of the e/w or
indictable only offences being committed or sent for trial
- allows a d convicted in the CC to plead guilty and be sentenced for related
summary matters
- Disposal : Conviction on an added count to the indictment under s40 CC is
limited to MC powers of sentence
- Procedure
- Reviewing counsel
prepares a schedule
listing the summary
offences to be committed
under s.41 and s51
- Summary offences adjourned
without a date in MC to await
the outcome in CC
- the committal papers under s51 need not
contain evidence relating to the summary
offence
- the decision of MC to commit a summary offence is
not subject to appeal
- Sched 3 Para 6
- ? CTL
- s51 CDA 1998
- An adult appears
b4 a MC charged:
- with an indictable only offence
- e/w offence where MOT results in indictment trial
- notice given to the court: serious or complex fraud cases or cases
involving children
- s51B
- s.51(3)
- An adult sent for trial under s51, the court must also send
any e/w or summary offence with which he is charged
- if that e/w offence is related to main offence
- or in the case of a summary offence is also punishable with imprisonment
- s51(11)
- is the offence arising out of circs which are the same as connected with those
giving rise to the indictable offence
- s.51E(c) and (d)
- can be joined in the same indictment
- If d is convicted of indictable offence d is asked to
plead for summary offence
- GP - MC passes sentence
- NG plea CC powers for summary offence cease
- unless P indicate they would not submit evidence in respect of the summary offence. The court dismisses it
- CC sits as DJ - s66 Courts ACt 2003
- s40(3) CJA 1998
- Common Assault
- s39 CJA 1988
- Assaulting a prison custody
officer
- s90(1) CJA 1991
- Assault a secure training centre
custody officer
- s.13(1) CJPOA 1994
- TWOC
- s12 Theft Act 1968
- Driving whilst disqualified
- s103 RTA 1988
- Low value criminal damage
- s22 and Schedule 2 MCA 1980
- An indictment may only include such an
offence if the charge is:
- founded on same facts or evidence as a count charging an
indictable offence
- the facts or evidence relating to the summary offence were
disclosed in the MC committal papers or prosecution papers
served in respect of a person sent for trial under s.51
- An offence cannot be added to the indictment under s.40 if it was
transferred under s53 CJA 1991
- A summary offence cannot be added as a count under s40 if it is
related only to another summary offence included under s.40
- e.g. an offence of drivng while disqualified cannot be added to an indictment if
the only link is the summary offence of taking a motor vehicle without consent
(R v Callaghan)
- Charges to be added to an indictment under s.40 should be prepared:
- as counts on the indictments
- clearly marked that they are not subject to
committal
- incorporated and served with the committal package on
the defence and court
- If a d is convicted of an added count under s40 CC is
limited to powers of MC (s40(2)
- GP or convicted of an e/w offence
- CC can sentence as if convicted in CC
- s5 PCC(S)A
- s3(A)
- Dangerous Offenders
- Conviction after summary trial of a dangerous
offence if criteria for s226A would be met
- Sentencing powers of Mags inadequate
- Commital for sentence