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