In essential law for journalists McNae’s groups criminal charges into three main categories: indictable-only, either-way, and summary. The term indictable-only derives from the term ‘indictment’, which is the name for a document used to record the charges against a defendant at Crown Court. INDICTABLE CASES (triable only by indictment), are serious matter- usually carrying a possible jail sentence of five years or more, they can only be dealt through a trial at the CROWN COURT. (ref.1) EITHER-WAY offences can be tried summarily there and then, or by indictment at CROWN COURT.” (ref.2) such charges can be dealt with either at a Crown court or at a magistrates’ court, hence either-way term. The cases are regarded to me of lesser magnitude, if it is decided that the case can be directed into crown court. Summary offences, on the other hand, cover minor offences (drink driving, speeding etc.) and therefore the summary charges are dealt with in magistrates courts mostly. (ref.1)
Offences that do not require prosecution to prove guilty intent are said to be of ‘strict liability’, and are also called ‘absolute offences’. Also if an offence is ‘strict liability’, the defendant can be convicted even if she/he had no clear ‘intent’ of wrongdoing. (ref1)
Speaking of wrongdoing in McNae’s textbook defines many types of crime that cover offences against people. Murder is defined as an unlawful killing of another human being with intention to kill or cause grievous bodily harm. For this crime an adult would be sentenced to life imprisonment (indictable-only).
It is essential for journalists to know differences of crimes as during reporting it is easy to confuse the type of crime when not knowing the full description of certain crime.
Manslaughter which is also an unlawful killing of another person but in the absence of malice aforethought and the defendant may be find not guilty of murder (indictable-only). Within this offence, if it involves an organization like police or government departments and if it causes a person’s death in the circumstances of a gross breach of their public duty and led or organized by a senior management was a substantial element in that breach it is called corporate manslaughter. (ref.1)
Causing or allowing the death of a child or vulnerable adult offence is also classed s indictable-only. Infanticide is when killing infant under 12 months old by its mother when mother’s mind is disturbed as a result of the birth. If there was a situation that someone would help another person to commit suicide or attempt it would be called aiding suicide. Assault, common assault, battery, assault by beating can mean an attack or a hostile act like a threatening gesture which causes another person to fear an attack and is proven as intentional or reckless. The common assault charge does not necessarily imply a physical assault. Assault occasioning actual bodily harm crime (ABH a section 47 offence, either-way), in which harm need not be permanent but must be more than trifling (eg. psychiatric illness). (ref.1)
Another either-way charge is called wounding or inflicting grievous body harm (GBH), must be proven that the perpetrator intended or foresaw causing some harm which caused a wound or serious harm. Couple more of indictable-only charges are wounding with intent/inflicting grievous body harm ‘with intent’ under section 18 of the 1861 Act and carries a maximum penalty of life imprisonment. And rape which is also indictable-only. (ref.1)
When talking about crimes against property we distinguish theft (either-way) as dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it. The act of theft is stealing not a robbery as the robbery is theft by force or by a threat of force and is indictable-only. Handling is dishonestly receiving goods, believing them to be stolen or even helping to do so (either-way). (ref.1)
Burglary is entering a building as a trespasser and then stealing or attempting to steal from it or inflicting or attempting to inflict GBH to anyone in it; or making such trespassing entry to a building with intent to either steal or inflict GBH or intent to do unlawful damage. There can also be an aggravated burglary while being armed with fire arm or an imitation firearm or any other weapon. (ref.1)
Under the Fraud act 2006, there are now general offences of fraud defined as conduct ‘with a view to gain or with intent to cause loss’. Fraud offences are either-way and conspiracy to defraud remains a common law. Blackmailing is classed as indictable-only. Taking a vehicle without authority and aggravated vehicle taking are also either-way offences. (ref.1)
Being on the topic of motoring crimes the ones that are classed as such are also dangerous driving, causing death by dangerous driving, careless or inconsiderate driving and doing so and causing death by it. Another motoring crime is driving under the influence of drink or drugs, driving with excess alcohol and the crime of causing death by careless driving when under influence of drink or drugs. (ref.1)
The most serious cases, including all indictable-only charges are dealt with by Crown courts because magistrates have limited powers to sentence in the event of conviction. An indictable-only case will, at preliminary case be ‘sent for trial’ to the Crown court. (ref.1)
When a defendant on an indictable-only charge appears before a magistrates court this is classed as a preliminary hearing as the case is en route to Crown court. Sending for trial may occur on defendant’s first appearance before magistrates, where there may be jury trial already like for example at Crown court where the defendant pleads guilty. Next step is arraignment when formal plea is taken from the defendant at the magistrates court.
In case of preliminary hearings in magistrates courts for either-way cases, they are for decisions on bail and, in each case, for procedure which determines at which venue it will be dealt with (magistrates or crown court). In plea-before-venue procedure the defendant is asked how she/he intends to plea (guilty/not guilty). If the defendant pleas guilty then at this stage can be sentenced by magistrates unless after hearing more details of the offence it is decided that the punishment powers are insufficient and therefore the defendant should be committed for sentence to the Crown court for a judge there to do sentencing.
If the defendant pleas otherwise a mode of trial hearing follows. After the hearing from prosecution and defense about the alleged crime, it is decided if the case can be dealt with in a summary. If the alleged either-way crime is too serious the case will be adjourned for committal hearing before another set of magistrates who will decide whether to take it to the crown court or not. If magistrates agree to offer a summary trial, the defendant is asked if he/she wants summary or jury trial. If jury trial is chosen the case will be adjourned for a committal hearing – which is another type of preliminary hearing - and if the defendant chooses otherwise the case will be taken to magistrates court. (ref.1)
If a magistrates refuse to try the either-way charge, or the defendant makes the choice of jury trial, that charge will subsequently considered in a committal hearing and in it the defendant will be committed to the Crown court for a trial if there is sufficient evidence.
If the defendant admits an either way offence magistrates may sentence him/her, but may decide to commit him/her to Crown court for jury trial. (ref.1)
If it is for summary cases, magistrates try them too and if they choose to and the defendant agrees, either-way cases. Trials and sentencing in magistrates courts are known as summary proceedings and the magistrates have range of sentencing options if a defendant is convicted there because of guilty plea or in a trial. (ref.1)
And finally, in magistrates as well as in the Crown court a defendant may be granted bail until his/her case’s next hearing, but otherwise is remanded to prison custody. (ref.1)
References:
1. All the information is either paraphrased or taken directly from McNae’s, Essential law for journalists, 20th edition
