This document consist of the summarize version of the BSB - Unit 8 syllabus. The notes are according to the examinable materials for April 2022 ( please double check the examinable materials ) when you are viewing this document.
It consist of the classification of offences, pre-trial rulings, t...
Classification of offences -> only relevant to adults
Summary only Either - way offence Indictable only offence
- Criminal damage less - Theft - Robbery
than 5k pounds - Burglary - Rape
- Common assault - Sexual assault - Wounding / GBH with
- If s.40 cja 1988 applies - Abh intent [s18 OAPA]
then a summary offence - Possession of class a/b - Children and young
can be on trial on drugs people got special rules
indictment - Possession with intent to to avoid trial on
- s.40 includes : supply class a/b drugs indictment but subject to
A count charging a - Criminal damage less s.24 MCA 1980 and
person with a SO may than 5k pounds s.51 Crime and Disorder
be included in an - Common law public Act
indictment charge if the nuisance - Offences not created by
charge is founded on the - CL outraging public statute are tried on
same facts or evidence decency indictment unless is an
as a count charging - Obstructing carriages or EW offence which sch 1
indictable offence or is a engines on railway Mags Act applies
part of series of offences - Threats to kill
of the same or similar - Inflicting bodily injury
character as an IO with or without weapon
which is also charged - Not providing food to
- The offences to servants or apprentices
which this - Abandoning or exposing
section applies child
A.common assault [ assaulting - Do or endanger any
a prisoner custody officer / railway passengers
secure training centre custody - Assault
officer - Bigamy
B. taking motor vehicle or other
conveyance w/o authority
C. driving a motor vehicle
while disqualified
Note : jury can convict for summary offence even if it is not included in the indictment charge
,Summary only offence
Description Plea Trial Sentence Exception
- Tried and - Usually - If needed - In - Defendant
sentence entered it will be MC charged
d in the in the in MC with either
MC first way or
hearing indictable
before only offence
MC + summary
offence - the
crown court
can hear the
summary
offence
, Indictable only offence
Description Plea Trial Sentence Excpetion
- Only - Although - If - Sentence
capable hearing necessar for
of being will start y it will indictabl
tried and in a MC be in the e offence
sentence but that crown only in
d in the is just an court cc
CC administr
ative
measure
it will
then
proceed
to the
crown
court
because
MC is
incapable
of
hearing
such a
matter
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