What is a summary-only offence and where is it tried?

Summary-only offences are tried exclusively in the magistrates' court and cannot be sent to the Crown Court. Examples include common assault, driving without insurance, and low-value criminal damage. The maximum sentence in the magistrates' court for a single summary offence is 12 months' imprisonment and an unlimited fine. There is no right to a jury trial, as cases are decided by magistrates or a district judge.

Which offences are classified as indictable-only and what happens to them?

Indictable-only offences, such as murder, rape, and robbery, must be sent to the Crown Court for trial. They are tried on indictment before a judge and a jury of 12. The Crown Court has unlimited sentencing power, including life imprisonment. Unlike either-way offences, defendants cannot elect to have these cases heard in the magistrates' court; the case must proceed to the Crown Court.

Can a defendant choose to have an either-way offence tried in the Crown Court?

For either-way offences, magistrates decide at the allocation hearing if the case is suitable for summary trial. If they decide it is suitable, the defendant may still elect to have the case tried in the Crown Court. This election allows the defendant to exercise their right to a jury trial, although it may result in a slower process and potentially higher costs compared to a summary trial.

How do summary and indictable-only offences differ in terms of speed and sentencing?

Summary-only cases are generally resolved faster, typically within weeks to months, and involve lower legal costs. They have a maximum sentence of 12 months' imprisonment for a single offence. Indictable-only cases are tried in the Crown Court, which can take 12 to 24 months or longer. They carry unlimited sentencing powers, including life imprisonment, and involve more formal procedures and higher costs.

Why does the classification of a criminal offence matter for a defendant?

The classification determines the court, maximum sentence, and whether a jury trial is available. Summary-only offences are tried in magistrates' court with a 12-month maximum sentence. Indictable-only offences are tried in the Crown Court with unlimited sentencing power. Either-way offences can be tried in either court, with the defendant potentially electing Crown Court trial. This classification is crucial for defendants deciding where to plead and whether to elect a jury trial.

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Criminal

Updated 2026-05-16

Summary vs Either-Way vs Indictable-Only Offences

The classification of a criminal offence as summary-only, either-way, or indictable-only determines which court hears the case, the maximum available sentence, and whether the defendant has a right to jury trial. This comparison explains the three categories and their practical consequences under the Magistrates' Courts Act 1980 and Senior Courts Act 1981.

Overview

Every criminal offence in England and Wales falls into one of three categories based on its mode of trial. Summary-only offences can only be tried in the magistrates' court; indictable-only offences can only be tried on indictment in the Crown Court before a judge and jury; and either-way offences can be tried in either court. The classification affects the maximum sentence available, the right to elect jury trial, and the procedure for allocating the case to the appropriate court. For either-way offences, the allocation procedure under the Magistrates' Courts Act 1980 (MCA 1980) ss.17A–23 requires the magistrates to decide at the plea before venue and allocation hearing whether the case is more suitable for summary or Crown Court trial, taking into account the Allocation Guideline issued by the Sentencing Council. If the magistrates decide the case is suitable for summary trial, the defendant may still elect Crown Court trial — exercising the right to jury trial. Understanding this classification is essential for defendants deciding where to plead and whether to elect Crown Court trial.

Side-by-Side Comparison

Summary-Only Offences

Time: First hearing: days to weeks. Summary trial: typically 1–6 months from first hearing.

Pros

Cases resolved more quickly than Crown Court proceedings — typically listed within weeks
Lower costs — legal aid rates and overall case length significantly less than Crown Court
Less formal procedure — evidence rules and hearing etiquette less strict than Crown Court

Cons

No right to jury trial — decided by district judge or magistrates' bench
Lower maximum sentence — capped at 12 months for a single offence in the magistrates' court
Magistrates' courts are courts of summary jurisdiction only — perceived as less impartial by some defendants

Best For

Minor offences where the facts are straightforward, the sentence is unlikely to exceed the magistrates' sentencing powers, and a quick resolution is in the defendant's interests.

Indictable-Only Offences

Time: Sent from magistrates' court to Crown Court within days. Crown Court trial: typically 12–24 months from sending.

Pros

Jury trial as of right — the defendant's case is decided by 12 members of the public
Unlimited sentencing power — appropriate for the most serious offences
Full disclosure regime and more rigorous procedural protections under the Criminal Procedure Rules

Cons

Significantly slower — Crown Court cases can take 12–24 months+ from charge to trial
Higher costs — legal aid rates and barrister fees significantly exceed magistrates' court
More formal and adversarial — cross-examination of witnesses, detailed opening and closing speeches

Best For

The most serious criminal offences where Parliament has determined that only the Crown Court has sufficient sentencing power and procedural formality. No election is available — the case must go to the Crown Court.

Key Differences

AspectSummary-Only OffencesIndictable-Only Offences

Court of trialMagistrates' court onlyCrown Court only (sent under Crime and Disorder Act 1998 s.51)

Either-way offencesN/A — no election for summary-only offencesDefendant may elect Crown Court trial after allocation hearing (MCA 1980 s.20)

Maximum sentence (magistrates')12 months for single summary offence (CJA 2003 s.154)N/A — indictable-only cannot be sentenced in magistrates' court

Maximum sentence (Crown Court)Summary-only offences cannot be sentenced in Crown Court except on committal for sentenceUnlimited — including life imprisonment for murder, manslaughter, and serious sexual offences

Right to jury trialNo — summary offences decided by magistrates or district judgeYes — always tried by judge and jury in Crown Court

SpeedFaster — summary hearings typically within monthsSlower — Crown Court backlogs mean 12–24+ months to trial

ExamplesCommon assault (CJA 1988 s.39), driving without insurance, minor criminal damageMurder, rape, robbery, serious fraud, Class A drug trafficking

Our Recommendation

The classification of the offence determines the available court and the procedure — defendants have no choice for summary-only or indictable-only offences. For either-way offences, the decision whether to elect Crown Court trial is one of the most important tactical decisions in a criminal case: Crown Court offers a jury but is slower, more expensive, and risks higher sentences if convicted. Always take specialist criminal law advice before deciding whether to elect Crown Court trial for an either-way offence.

Frequently asked questions

What is a summary-only offence and where is it tried?: Summary-only offences are tried exclusively in the magistrates' court and cannot be sent to the Crown Court. Examples include common assault, driving without insurance, and low-value criminal damage. The maximum sentence in the magistrates' court for a single summary offence is 12 months' imprisonment and an unlimited fine. There is no right to a jury trial, as cases are decided by magistrates or a district judge.
Which offences are classified as indictable-only and what happens to them?: Indictable-only offences, such as murder, rape, and robbery, must be sent to the Crown Court for trial. They are tried on indictment before a judge and a jury of 12. The Crown Court has unlimited sentencing power, including life imprisonment. Unlike either-way offences, defendants cannot elect to have these cases heard in the magistrates' court; the case must proceed to the Crown Court.
Can a defendant choose to have an either-way offence tried in the Crown Court?: For either-way offences, magistrates decide at the allocation hearing if the case is suitable for summary trial. If they decide it is suitable, the defendant may still elect to have the case tried in the Crown Court. This election allows the defendant to exercise their right to a jury trial, although it may result in a slower process and potentially higher costs compared to a summary trial.
How do summary and indictable-only offences differ in terms of speed and sentencing?: Summary-only cases are generally resolved faster, typically within weeks to months, and involve lower legal costs. They have a maximum sentence of 12 months' imprisonment for a single offence. Indictable-only cases are tried in the Crown Court, which can take 12 to 24 months or longer. They carry unlimited sentencing powers, including life imprisonment, and involve more formal procedures and higher costs.
Why does the classification of a criminal offence matter for a defendant?: The classification determines the court, maximum sentence, and whether a jury trial is available. Summary-only offences are tried in magistrates' court with a 12-month maximum sentence. Indictable-only offences are tried in the Crown Court with unlimited sentencing power. Either-way offences can be tried in either court, with the defendant potentially electing Crown Court trial. This classification is crucial for defendants deciding where to plead and whether to elect a jury trial.

Official Resources

Magistrates' Courts Act 1980 ss.17A–23 (allocation) — legislation.gov.uk →Crime and Disorder Act 1998 s.51 (sending to Crown Court) — legislation.gov.uk →Sentencing Council: Allocation Guideline →