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Types of Criminal Offences in the UK: Summary Only, Indictable Only & Either Way

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In the UK, criminal offences are divided into three categories based on their seriousness: summary, indictable, and either-way offences.

The process for handling these categories of offences is different, as are the corresponding severity of sentences.

We discuss each sentence category in the following article, including some examples of offences that would fall under each category, and what sentences you could receive upon conviction.

While we hope this information is useful, it should not be taken as legal advice. If you need detailed advice about your case, please get in touch, and our team can help.

What is a summary offence in the UK?

A summary/summary only offence is the least serious type of criminal offence in the UK. Summary-only offences are exclusively tried in the Magistrates’ Court

Examples of summary only offences

Some examples of summary only offences include :

Sentence for a summary offence

The maximum sentence that can typically be handed out for a summary only offence is six months’ imprisonment and/or a £5,000 fine. Additional punishments such as driving bans or periods of community service can also be imposed.

What is an indictable offence in the UK?

Indictable offences are the most serious types of criminal offences in the UK. While the first court appearance for an indictable offence will be in the Magistrates’ Court, this is merely a formality, as the case will always be sent straight to the Crown Court following a first appearance.

Examples of indictable offences

Common examples of indictable offences in the UK include:

Sentence for an indictable offence

The maximum sentence you could receive for an indictable offence is life imprisonment. The exact punishment that could be handed out will depend on the precise sentencing guidelines for the relevant offence.

What is an either way offence in the UK?

An either-way offence is one which could be heard in either the Magistrates’ or the Crown Court, depending on the level of seriousness of the case. The decision on which court an either-way offence will be heard in will often depend on the potential sentence that could be handed out if a defendant were to be found guilty.

Examples of either way offences

Examples of the types of offences which could be considered either way include:

Sentence for an either way offence

The sentence that could be handed out for offences that are either way depends on the level of seriousness of the offence and, importantly, the court in which the case is handled.

As mentioned when discussing summary offences, the maximum sentence that can be imposed if a case is heard in the Magistrates’ is six months imprisonment. In contrast, the maximum penalty if a case is heard in the Crown Court will only be limited by the sentencing guidelines for the offence in question.

Related matters

Fees and funding

We are committed to being clear and transparent about fees and funding.

If you are required to attend court for any offence, you may be eligible for Legal Aid. Whether you can access Legal Aid will depend on whether public funding  is justified based on two tests:  means and interest of justice.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.       

To find out more about the way we handle fees (both Legal Aid and private fees) please use the links provided below:

Contact our criminal defence lawyers today

If you are accused of any type of offence, are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone at:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

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For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide prompt, friendly advice.