What is the difference between a summary offence indictable offence and either way offence?

A summary offence is an offence which can only be dealt with by a judge sitting without a jury in the District Court. While offences which can or must be tried before a judge and jury are called indictable offences.

What’s the difference between indictable and summary?

A straight summary offence is generally less serious both in terms of the type of crime and the sentence or penalty. By contrast, a straight indictable offence covers more serious crimes with more serious sentences.

What’s the difference between summary conviction and indictment?

Summary offences are less serious than indictable offences. A person charged with a summary conviction offence does not have to appear in court. A lawyer or an agent may appear in court on that person’s behalf, unless the judge asks the person charged to appear. An indictable offence is more serious.

What are summary triable either way and indictable offences?

A crime that may be tried either as an indictable offence or a summary offence. Such crimes include offences of deception or fraud, theft, bigamy, and sexual activity with a child under the age of 16.

What makes an offence either way?

Either way offences are offences that can be heard in either the Magistrates Court or the Crown Court. If the plea is guilty the magistrates will hear from the prosecution and decide whether they have adequate sentencing powers or whether they will commit the matter to the Crown Court for Sentence.

What are examples of summary Offences?

Examples of a Summary offence include:

• Disorderly/ offensive behaviour and minor assault.
• Road traffic offences including careless or dangerous driving, and driving under the influence of alcohol or drugs.
• Minor criminal/ property damage.

What is indictable offence and summary Offence?

The main two categories of offences are summary offences and indictable offences. Indictable offences are often heard in a higher court, and come with more severe penalties, while summary offences have a maximum penalty of two years imprisonment and are most often dealt with in front of a magistrate in the local court.

What is an indictable offence UK?

In relation to England and Wales, the expression indictable offence means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way; and the term indictable, in its application to offences, is to be construed accordingly.

What is an either way offence?

Either way offences are crimes which vary in severity depending on the facts and can be tried either in the magistrates’ court or the Crown Court.

What is an indictable offence?

More serious criminal charges are called indictable offences. An indictable offence is an offence where the defendant has the right to trial by jury. Major indictable offences must be heard in the District Court or the Supreme Court.

What’s the difference between triable either way and indictable?

This means that it can only be tried in the Crown Court. By contrast, burglary, which is set out at Section 9 of the Theft Act 1968, is an either way offence unless it involves violence or the threat of violence or the intention to commit an indictable offence, in which case it is triable only on indictment.

What is an either way offence UK?