What are two examples of either way Offences?

What are two examples of either way Offences?

Examples of either way offences are:

• Theft.
• Burglary.
• Possession of drugs.
• Possession with intent to supply drugs.
• Affray.
• Assault occasioning actual bodily harm.

What are some Either way 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.

How does an either way offence work?

A criminal offence that can be heard in the magistrates’ or Crown Court. If the magistrates decide their sentencing powers are sufficient to deal with the offence, the accused may elect to have it dealt with summarily in the magistrates’ court or on indictment (trial by jury) in the Crown Court.

What is a Section 51 offence?

Section 51 of the Crime and Disorder Act (CDA) 1998 Section 51 (and Sch 3) state that where an adult appears or is brought before the Magistrates’ Court charged with an offence triable only on indictment, the court will send him straight to the Crown Court for trial: for that offence, and.

Is GBH an either way offence?

Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. It is a triable either way offence which means it can be heard at the Crown or Magistrates’ Court. Psychiatric illness and disease transmission can also constitute GBH.

Is shoplifting an either way offence?

Theft is triable either-way with a maximum penalty in the Crown Court of seven years imprisonment and/or an unlimited fine and in the magistrates’ court, six months imprisonment and/or an unlimited fine.

Is Robbery an either way offence?

Robbery is also regulated by the Theft Act 1968, Section 8 essentially defines the act as stealing with force. This is considered a serious offence, which is tried on indictment. It is an offence that can be tried either way.

Is burglary an either way offence?

Burglary is an either way offence, except in the following circumstances, when it is indictable only: the offence committed (or intended) is indictable only (Schedule 1, paragraph 28 of the Magistrates’ Courts Act 1980) ; or.

How long does it take for a case to go to Crown Court?

So, on average, how long after being charged does it take to go to court? According to government statistics, it took an average of 357 days for a case to get all the way to the Crown Court, and an average of 178 days in court to get to an outcome.

Do either way Offences have a statutory time limit?

The CTL for either way offences becomes 182 days (save for cases with CTLs starting on or after 28 September 2020 but before 28 June 2021 for which see below) if and when: The court allocates a case for Crown Court trial (less any time the defendant has spent in custody of the magistrates’ court prior to sending).

What is Section 49 of the Criminal Procedure Act?

This section holds that a person carrying out an arrest may employ such force as is reasonable in the circumstances in the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders.

How is an either way offence dealt with?

Either-way offence A criminal offence that can be heard in the magistrates’ or Crown Court. If the magistrates decide their sentencing powers are sufficient to deal with the offence, the accused may elect to have it dealt with summarily in the magistrates’ court or on indictment (trial by jury) in the Crown Court.

What is a simple offence in Western Australia?

A simple offence in Western Australia is a criminal act referred to in the Criminal Code 1913 as an ‘offence’ and not a ‘crime.’ The Magistrates Court in Western Australia has exclusive summary jurisdiction and deals with all types of ‘simple offences.’ Simple offences cannot be dealt with in the District or Supreme Court.

Are there time limits for either way offences?

What time limits are applicable to either way offences? Unlike summary only offences where there is general rule that there is a time limit of six months from the criminal act for the prosecution to commence, there is no specific time limit for either way offences.

How are crimes dealt with in Western Australia?

In Western Australia, how an offence is described in the statute affects whether the charge must be dealt with on indictment in the District or Supreme Court or as a summary offence in the Magistrates Court. West Australian legislation describes two types of offences: simple offences and crimes.