Classification of Offences
From CrimeLine from Andrew Keogh
See also:
- Indictment
- Indictable offence
- Interpretation Act 1978
- Laying of Documents Before Parliament (Interpretation) Act 1948
- Statutory Instruments Act 1946
- Interpretation of statute law
- Practice direction on the citation of authorities
- Home Office Classification of Offences for Criminal (2007/2008)
- Sentencing Statistics, 2007 England and Wales Lists indictable and either way offences
- Guidance For all Resident Judges Deployment And Allocation in Criminal Cases in Class 1, 2 and 3
Contents |
Schedule 1 Interpretation Act 1978
Schedule 1 Interpretation Act 1978
- (a) "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 ;
- (b) "summary offence" means an offence which, if committed by an adult, is triable only summarily;
- (c) "offence triable either way" means an offence which, if committed by an adult, is triable either on indictment or summarily; and the terms "indictable", "summary" and "triable either way" in their application to offences, are to be construed accordingly.
The Interpretation Act 1978 qualifies the above definition with the rider: that references [in definitions] to the way or ways in which an offence is triable are to be construed without regard to the effect, if any, of section 22 of the MCA 1980 on mode of trial in a particular case. This is reference to offences under section 1 Criminal Damage Act 1971 involving damage worth less than the relevant sum (£5,000) which must be dealt with summarily. See Blackstone’s Criminal Practice D3.1 See also Section 44 Courts Act 2003
Supreme Court Act 1981
Section 75 of the Supreme Court Act 1981 Allocation of cases according to composition of court, etc.
- (1) The cases or classes of cases in the Crown Court suitable for allocation respectively to a judge of the High Court and to a Circuit judge or Recorder, and all other matters relating to the distribution of Crown Court business, shall be determined in accordance with directions given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor.
- (2) Subject to section 74(1), the cases or classes of cases in the Crown Court suitable for allocation to a court comprising justices of the peace (including those by way of trial on indictment which are suitable for allocation to such a court) shall be determined in accordance with directions given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor.
Practice Direction
Consolidated Criminal Practice Direction
consolidated.htm Amendment 12 to the Consolidated Criminal Practice Direction: Part III: further directions applying in the crown court and magistrates’ courts (Classification of offences) On 26th May, 2005, the Lord Chief Justice handed down amendment 12 to the Consolidated Criminal Practice Direction, on the classification and allocation of Crown Court business. This amendment replaces four existing parts of the Practice Direction: Part III.21 (classification of Crown Court business and allocation to Crown Court centres), Part IV.31 (transfer of cases from one Circuit to another), Part IV.32 (transfer of proceedings between locations of the Crown Court) and Part IV.33 (allocation of business within the Crown Court). It takes effect on 6th June, 2005.
The amendment aims to rationalise existing arrangements for allocation of business in the Crown Court. Prior to this amendment there were, for historical reasons, four classes of criminal offence. This amendment merges Classes 3 and 4. It also classifies, for the first time, the new offences contained in the Sexual Offences Act 2003 and makes other alterations to the classification of offences – the most significant being that manslaughter and infanticide move from Class 2 to Class 1.
The arrangements for dealing with each class of offence are clarified and provision made for the Senior Presiding Judge, or Presiding Judges with the concurrence of the Senior Presiding Judge, to issue guidance to ensure timely disposal of business with the Crown Court. The amendment makes further provision for the Presiding Judges of the South Eastern Circuit to make directions in relation to the allocation of all classes of case at the Central Criminal Court. This enables Class 2 cases in London to be sent to Crown Courts other than the Central Criminal Court.
Classification
For the purposes of trial in the Crown Court offences are classified as follows:
Class 1:
- (a) Misprision of treason and treason felony;
- (b) Murder;
- (c) Genocide;
- (d) Torture, hostage-taking and offences under the War Crimes Act 1991;
- (e) An offence under the Official Secrets Acts;
- (f) Manslaughter;
- (g) Infanticide;
- (h) Child destruction;
- (i) Abortion (section 58 of the Offences against the Person Act 1861);
- (j) Sedition;
- (k) An offence under section 1 of the Geneva Conventions Act 1957;
- (l) Mutiny;
- (m) Piracy;
- (n) Soliciting, incitement, attempt or conspiracy to commit any of the above offences.
Class 2:
- (a) Rape;
- (b) Sexual intercourse with a girl under 13;
- (c) Incest with girl under 13;
- (d) Assault by penetration;
- (e) Causing a person to engage in sexual activity, where penetration is involved;
- (f) Rape of a child under 13;
- (g) Assault of a child under 13 by penetration;
- (h) Causing or inciting a child under 13 to engage in sexual activity, where penetration is involved;
- (i) Sexual activity with a person with a mental disorder, where penetration is involved;
- (j) Inducement to procure sexual activity with a mentally disordered person where penetration is involved;
- (k) Paying for sexual services of a child where child is under 13 and penetration is involved;
- (l) Committing an offence with intent to commit a sexual offence, where the offence is kidnapping or false imprisonment;
- (m) Soliciting, incitement, attempt or conspiracy to commit any of the above offences.
Class 3:All other offences not listed in classes 1 or 2.
Sentencing Statistics, 2007 England and Wales: Lists indictable and either way offences
Ministry of Justice Statistics bulletin Sentencing Statistics, 2007 England and Wales: Published 27 November 2008
Appendix 4 Offence classification numbers used for court proceedings (Lists Indictable only and triable either way offences)
The classifications defined in this Appendix are those used for 2006. Generally, attempting, conspiring, inciting, aiding, abetting, causing or permitting a crime is classified under the heading of the crime itself, though in certain cases it is shown separately.
(TEW) Denotes a triable either way offence.
Indictable only and triable either way offences…..
