British law

Question

Reading a piece of British legislation which Don Aitken was kind enough to point me at in answer to a question in another thread, I saw many sections like this one:
** (2) A person guilty of an offence under this section is liable-
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.
**

What do "summary conviction" and "conviction on indictment" mean?"

Mark Barratt
Budapest

Usenet · Accepted Answer

[nq:1]Reading a piece of British legislation which Don Aitken was kind enough to point me at in answer to a ... indictment, to imprisonment for a term not exceeding 7 years. ** What do "summary conviction" and "conviction on indictment" mean?"[/nq]
See:
http://www.criminal-lawyer.on.ca/textversion-classification.html

The corresponding classifications in the USA are misdemeanor and felony.
Skitt (in Hayward, California)
www.geocities.com/opus731/

Usenet · Answer

Reading a piece of British legislation which Don Aitken was kind enough to point me at in answer to a question in another thread, I saw many sections like this one:
** (2) A person guilty of an offence under this section is liable-
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.
**

What do "summary conviction" and "conviction on indictment" mean?"

Mark Barratt
Budapest
Summary - you appear before a magistrate - a much quicker and chearper process than...
Indictment - you appear before a judge and jury, with much more process and delay - and larger associated costs, hence higher penalties.

Usenet · Answer

[nq:2]Reading a piece of British legislation which Don Aitken was ... ** What do "summary conviction" and "conviction on indictment" mean?"[/nq]
[nq:1]See: http://www.criminal-lawyer.on.ca/textversion-classification.html The corresponding classifications in the USA are misdemeanor and felony.[/nq]
Nope. That cite is Canadian and doesn't reflect English law. A summary offence is one that can be tried without a jury - ie in a Magistrates' court. An indictable offence requires a jury trial (at the time of writing). Some offences can be tried in either way. Some cases are tried in a Magistrate's court and referred to a higher court for sentencing, since there is a maximum to the sentences that Magistrates can impose -
6 months is the longest term of imprisonment.And I'd be cautious about referring to "British" legislation. England and Wales have one system and Scotland a second. And if you see any references to "UK Law", beware again because Northern Ireland has a third system. But there are some common areas.
The terms don't correspond to the American 'felony' and 'misdemeanour' because they don't necessarily reflect the seriousness of the crime but they always reflect the type of trial.

John Dean
Oxford

Usenet · Answer

"Skitt" cited:
[nq:2]http://www.criminal-lawyer.on.ca/textversion-classification.html[/nq]
John Dean:
[nq:1]Nope. That cite is Canadian and doesn't reflect English law. ...[/nq]
But what it says about Canadian law doesn't seem to differ in any important way from what John says about English law.
[nq:1]The terms don't correspond to the American 'felony' and 'misdemeanour' because they don't necessarily reflect the seriousness of the crime ...[/nq]
Not exactly, but it's reasonable as a rough translation.
Mark Brader "Could you please continue the petty bickering? Toronto I find it most intriguing." (Email Removed) Data ("Haven", ST:TNG, Tracy Torme)

Usenet · Answer

[nq:2]See: http://www.criminal-lawyer.on.ca/textversion-classification.html The corresponding classifications in the USA are misdemeanor and felony.[/nq]
[nq:1]Nope. That cite is Canadian and doesn't reflect English law.[/nq]
My fault for making an unwarranted assumption. Sorry.
[nq:1]A summary offence is one that can be tried without a jury - ie in a Magistrates' court. An indictable ... and 'misdemeanour' because they don't necessarily reflect the seriousness of the crime but they always reflect the type of trial.[/nq]
You're right. I spoke too hastily and quite incorrectly.
Skitt (in Hayward, California)
www.geocities.com/opus731/

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