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In charging an individual with an offence, it is essential to understand how criminal offences are classified in England and Wales. Such classification is generally provided by the statute creating the offence by way of the description of the nature of the penalty on conviction. Three types of classification can be identified:

(a) Summary-only offences: These are the least serious of the three classes of offences and are triable only in the magistrates’ court.

(b) Either-way offences: Either-way offences may be tried either in the magistrates’ court or in the Crown Court. Where an either-way offence is tried in the magistrates’ court, it is tried as a summary offence, and where tried in the Crown Court, it is tried as an indictable offence.

(c) Indictable-only offences: These are the most serious of the three classes of offences and are triable only in the Crown Court with a jury.

Examples of such offences are provided in Table 1.3.

Table 1.3Understanding the classification of offences

Type of offence	Court in which it will be heard	Examples and maximum sentence
Summary-only	magistrates’ court	Common assault – 6 months
Either-way	magistrates’ court/Crown Court	ABH – 6 months (summary); 5 years (indictment) Theft – 6 months (summary); 7 years (indictment)
Indictable-only	Crown Court	Murder – LifeRape – Life