Navigating the criminal justice system is a complex process that can be incredibly confusing and distressing. One of the trickiest parts is actually learning to decipher all of the legal jargon that’s thrown around, especially when the implications of getting anything wrong can be so serious.
Here, we take a look at a term you will likely come across at some point – summary-only offences. We put them in their broader legal context, look at some examples, and explore how serious their impact can be on your future.
If you need any specific advice relating to an ongoing investigation or trial, then it’s imperative that you seek legal advice from a qualified criminal defence solicitor. They will be able to provide you with counsel based on the particulars of your case, helping you to achieve the best outcome possible.
The three kinds of offences
To understand what a summary-only offence is, we need to place it in the broader context. There are three main different kinds of offences in the UK: summary only, indictable only, and either-way offences. Let’s go through each in turn.
Summary only
Summary-only offences are a whole bracket of criminal offences that must be tried in a magistrates’ court, as opposed to the crown court. This only applies to these kinds of offences on their own; when combined with other offences, it can escalate their severity.
These offences are considered to be the least serious criminal offences you can be charged with. While they are a step up from civil offences, the highest sentence you can generally receive for an offence in this bracket is 6 months imprisonment.
Indictable only
Indictable-only offences are another broad bracket of criminal offences, which can only be heard in the Crown Court. While you will first have to appear in a Magistrates’ Court, this is little more than a formality; all they will do is send your case to the Crown Court.
Indictable-only offences are at the other end of the scale from summary-only offences. They include the most serious kinds of criminal offences that you could be charged with, including murder, possession of a firearm, and robbery.
Either way
As the name might suggest, either way offences are those which can be heard in either the Crown Court or the Magistrates’ Court. As with other kinds of offences, your case will first be heard in the Magistrates’ court, however, the court will be able to decide whether or not they accept jurisdiction.
This will generally be based on how serious the crime is, and how high the maximum sentence is likely to be. In some cases, the defendant will find it beneficial to elect that their case is heard in a Crown Court, where they will be tried by a jury rather than just by a Magistrate.
Either way offences include a wide range of offences, from burglary and drug offences to assault.
Examples of summary-only offences
There is a long list of offences that fall within the summary-only bracket. These include offences like common assault, most motoring offences (not including serious examples such as death by dangerous driving) and minor instances of criminal damage.
While these offences may not be as consequential as indictable-only offences, they still absolutely merit your concern. You should be just as diligent with putting together a criminal defence, and treat the potential ramifications of a guilty verdict with the same seriousness.
The main kinds of courts in the UK
To understand what a summary-only offence is, it’s also necessary to understand the two main kinds of criminal courts in the UK – the Magistrates’ Court and the Crown Court.
Magistrates’ Court
In the Magistrates’ Court system, most legal decisions are made by Magistrates. They are not legal professionals with extensive, formal legal training, but rather are volunteers who have received a certain degree of training.
They will have access to a legal advisor, and will have knowledge that makes them a suitable adjudicator of local justice. Sentences handed out by these courts cannot exceed 6-12 months.
Due to the relatively simpler process of judging cases, a Magistrates Court will typically experience both fewer delays than the Crown Court and a higher conviction rate. The trials will typically be less complicated, and of a less serious nature.
Crown Court
In the Crown Court, legal decisions are ultimately made by a judge, with formal legal training and qualifications. However, their decision must be made based on the findings of a jury – a selection of 12 people representative of the local community.
They should be of different ages, genders, races, backgrounds and professions, ensuring as broad a cross-section of society as reasonably possible.
The sentences handed out by the Crown Court can be much more serious than those handed out by the Magistrates Court. You can receive a life sentence for a crime such as murder, which is partly why the trial process is so much more complicated and takes so much longer to wind up.
Implications of being found guilty of a summary-only offence
While summary-only offences tend to be less serious than indictment-only offences, they can still have serious repercussions on your life should you be found guilty. The ramifications it can have go well beyond the 6 months’ imprisonment you may face, or the fine you may have to pay.
You will also end up with a criminal record, which can impact your ability to travel for both work and pleasure, and have an impact on the kinds of employment you’re able to pursue in the future. It’s vital that you take this broader picture into consideration when considering how you’ll fight your case – it’s not worth being blasé about an event that can change your life forever.
Summary-only offences are relatively easier to deal with than indictment-only offences, and should use up fewer resources to fight in most cases. By assembling a strong legal team, you should be able to build a strong defence and achieve the best possible result given your circumstances.
If you’re facing charges, we can help. Call our team now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour). You can also contact our team at Ashcott Solicitors via our contact form. We will respond to you as soon as possible.
