The defendant appealed against her conviction for racially aggravated criminal damage. The court considered whether it was possible to leave the matter for the jury without an additional count on the indictment, and whether a low value charge was indictable, triable either way, or summary.
Held: The rules restricting the selection of mode of trial for certain offences where low values were involved did not affect the underlying characteristic of being either way offences capable of being dealt with at the Crown Court. A criminal damage charge committed along with other offences could be left to a jury notwithstanding that the amount involved was below andpound;5,000. The restriction on election was procedural not substantive, and did not affect the status of the offence: ‘section 22 of the Magistrates’ Courts Act 1980 clearly does not say that criminal damage is triable only summarily. It would, in a sense, be surprising if it did, because section 17 of that Act specifically says that it is triable either way. Section 22 directs magistrates to proceed on a basis which assumes that criminal damage can be tried on indictment: for, when considering the appropriate mode of trial, if the damage is less than andpound;5,000, they are to proceed ‘as if’ the offence was triable only summarily.’
Judges:
Rose LJ VP, Hallett J
Citations:
Times 17-May-2000, Gazette 31-May-2000, [2000] Crim LR 677, [2000] 1 WLR 2011, (2000) 164 JP 386, [2000] 2 Cr App R 318, [2000] EWCA Crim 3544
Links:
Statutes:
Magistrates Courts Act 1980 22
Jurisdiction:
England and Wales
Criminal Practice
Updated: 13 September 2022; Ref: scu.85257