General

What are the different types of offences?

All offences fall into one of three categories; summary only, either way, or indictable only.

Summary only matters can only be dealt with in the Magistrates’ Court. They can only be transferred to a Crown Court if they are jointly charged with other offences which are going to the Crown Court.

Either way offences can be heard in either the Crown Court or the Magistrates’ Court. The court will initially decide whether they have sufficient powers to hear the case in the Magistrates’ Court. If they decide that they do, the case can remain in the Magistrates’ Court but if you prefer, you can elect to be transferred to the Crown Court. The Magistrates’ Court may decide that their powers are insufficient to hear the case and 'decline jurisdiction’. If this happens then the case is transferred to the Crown Court and you are left with no choice about the matter.

If the case is initially deemed suitable for the Magistrates’ Court and you choose to keep your case there, on conviction there is nothing precluding the Magistrates’ Court committing the case to the Crown Court for sentence in due course.

Indictable only cases are the most serious criminal offences which can only be heard in the Crown Court. You will have no choice about the venue of your trial. These cases tend to have a single hearing in the Magistrates’ Court before being transferred straight to the Crown Court for plea and/or trial.

On what grounds might a court refuse to grant bail?

The Crown or Magistrates’ Court may refuse bail. There are three main grounds for refusing bail, interfering with witnesses, committing further offences or failing to attend at court on a future date. There are other far less common reasons to refuse bail, for example fear that you will obstruct the course of justice, or for your own protection.

Bail can only be refused if there is significant cause to believe that one of the grounds will be satisfied.

When coming to this decision the court will look at various factors including, the strength of the prosecution case, the defendant’s previous record of offending, and his / her ties to the community. Bail will only be denied if a judge is of the opinion that specific conditions, such as a curfew, cannot be put in place to alleviate these grounds.

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