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Mc Or Cc Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Mc Or Cc notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

CLASSIFICATION OF OFFENCES, MODE OF TRIAL, SENDING FROM MAGISTRATES COURT TO CROWN COURT
& COMMITTAL FOR SENTENCING

CLASSIFICATION OF OFFENCES Summary Offences

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All summary offences are statutory

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Statute shows offence is summary by specifying maximum penalty of PS500 fine and/or 6 months imprisonment (or less) and no alternative penalty for trial on indictment.

Indictment-Only Offences

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All common-law offences (eg. murder, manslaughter) and some statutory offences

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Statute shows indictment-only offence by only providing penalty for conviction on indictment.

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Case starts in Magistrates Court, then sent to Crown Court for trial.

Either-Way Offences

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Shown by:
* statute - alternative penalties for summary trial and trial on indictment, or
* reclassification by statute - eg. s17 Magistrates Courts Act ("MCA") downgrades some indictment-only offences to either-way.

Criminal Damage

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Either-way offence

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s22 MCA : Criminal Damage (other than by fire) where value of damage

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