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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.

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If you believe your case is likely to have serious consequences for you now, or in the future and you have the means to pay for this service

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Do we offer free consultations? 

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How can we help?

Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you. 

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED - 

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about  –

  • Whether we can take the case on and our relevant experience.
  • Public and private funding benefits.
  • Assistance in applying for legal aid where we are likely to accept instructions.
  • An outline of options in police interview only. We will not advise you on which option to adopt.
  • Providing our free written guide explaining the police station process.
  • The gravity of routine and day-to-day offences you face.
  • Consequences of not attending the court or police station.
  • Consequences of interfering with any witnesses.
  • Retaining any evidence in support of your case.
  • If possible an outline of the elements of the offence that the police or CPS must prove.
  • This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
  • Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

  • If we do not intend to take the case on.
  • Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
  • In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
  • Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
  • The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
  • The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
  • In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
  • If your relationship has broken down with your existing solicitor or several solicitors.
  • If you have been released under investigation and have already had a police station attendance. 
  • If you hold legal aid with another firm and seek a second opinion.
  • If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
  • To businesses.
  • Advising whether you were given good advice by your other solicitor.
  • Whether to decide to plead guilty or not guilty.
  • Whether you have an arguable defence in law or factually complicated defences.
  • Any advice you have had after your first court appearance.
  • Any advice on appeal on conviction or sentence.
  • If we feel we are unable to communicate with you.
  • If we are likely to be conflicted or breach our professional rules.