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All criminal cases start in the magistrates' court and over 95 per cent of them will end there – only the most serious offences go to Crown Court. [5] Summary offences are the least serious criminal offences. They include driving offences, vandalism, criminal damage of low value, low-level violent offences and being drunk and disorderly.
A "summary offence" is one which, if charged to an adult, can only be tried by summary procedure. [14] Similar procedures are also used in Scotland. Certain offences that may be tried in a Crown Court (by jury) may be required to be tried summarily if the value involved is small; such offences are still considered either way offences, so are ...
Under this procedure a single magistrate, supported by a legally qualified adviser, tries adult, summary-only, non-imprisonable offences, by adults or companies, without a court hearing, if the defendant has either pleaded guilty, or not responded to notification of prosecution. The defendant can instead choose to attend a hearing in court.
The most serious cases (for example murder, rape, etc) are sent to the Crown Court, although magistrates' will often decide on issues such as bail and any preliminary matters. [7] Lesser offences, including all summary only offences and some either-way offences will be dealt with entirely in the magistrates' court. [6]
Offences can either be tried summarily, which means they can only be heard in the magistrates' court, or they can be an "either way" offence which means magistrates may find their sentencing powers are insufficient and indict the case to a higher Crown Court. The majority of drunk driving offences are summary-only offences which can only be ...
In Canada and Ireland, these are known as hybrid offences, whereas in England and Wales, these are known as either way offences, and can only be heard summarily with the defendant's consent and if a magistrates' court finds that matter is suitable for summary trial. In Victoria, Australia, they are called indictable offences triable summarily ...
There were 14,865 outstanding sexual offence cases, of which 3,291 were for adult rape allegations, according to PA news agency analysis. Prosecutors have warned victims are facing waiting times ...
The Crown Court is the criminal court of first instance in England and Wales responsible for hearing all indictable offences, some either way offences and appeals of the decisions of magistrates' courts. It is one of three Senior Courts of England and Wales. [1] The Crown Court sits in around 92 locations in England and Wales, divided into ...