Summary Only Offences – What You Need To Know

Within the UK legal system there are three core offences types:

• Summary only offences
• Either way offences
• Indictable only offences

The vast majority of motoring offences in the UK are summary only offences. This means that they are typically tried in a Magistrates’ court, without the need for a jury. This is due to these summary only offences being considered less serious in nature, such as speeding or careless driving.

The other end of the spectrum to these offences would be ‘Indictable only offences’, including the most serious offences in nature, such as murder, death by dangerous driving and manslaughter. These matters are only heard in a Crown court. An ‘either way offence’, is a matter than can be heard in either Crown Court or Magistrates Court such as dangerous driving, causing serious injury by careless driving or causing serious injury by dangerous driving.

But what exactly is a summary offence, and what is the maximum sentence that you can receive for this type of offence?

In this article, we’ll explain everything you need to know about summary offences, from the types of offences that fall into this category to the sentence you can expect to receive for a summary offence.

What Are Summary Offences UK?

A summary only offence is a criminal offence that can be heard in a Magistrates’ court, without the need requirement for the matter to be remitted to the Crown Court or heard in front of a jury. A summary only offence must carry a maximum sentence of imprisonment for a term of up to two years, as this is the remit of the sentencing powers in the Magistrates Court.

In most cases, a person charged with a summary only offence will be sent a summons to appear in court or may request a Court hearing be listed. However, in some cases, the police may arrest and detain a person suspected of committing a summary only offence.

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Examples Of Summary Offences

There are many different types of offence that fall into the category of summary offences. This includes both motoring offences and other types of offences. Let’s take a look at some of the different types of summary offence.

• Minor motoring offences
• Criminal damage under £5,000
• Taking a vehicle without consent
• Common assault
• Low level shoplifting
• Drunk and disorderly

Summary Motoring Offences

The majority of driving offences are summary offences. This means that the case will be dealt with in a Magistrates’ court, without the need for a jury to be present. The types of motoring offences that fall into the summary only category are those which are the least serious, such as speeding, driving whist using a mobile phone or driving without due care and attention.

Let’s take a look at some of the most common summary only motoring offences, which can be dealt with in a Magistrates’ court.

Careless Driving

Careless Driving can cover a range of actions, such as unnecessary braking, driving too close to other vehicles or performing an unsafe manoeuvre. Fundamentally, you are guilty of this offence if you’re driving has fallen below the standard of a careful and competent driver. It is important in cases of this nature to look at the circumstances of the offence in detail.

Disobeying Traffic Signs And Police Signals

There are several traffic signs that, if disobeyed, will result in a person being charged with an offence. For example; a stop sign is a regulatory sign that requires the motorist to stop their vehicle immediately. Failing to do so, can not only put other motorist at risk but will also likely result in your being charged with an offence.

Failing To Provide A Specimen Of Breath, Blood Or Urine

If the police suspect that you are under the influence of drink or drugs while driving, they may ask you to provide them with a specimen for analysis. If you fail to provide this without a reasonable excuse,  then you will be charged with this offence.

Speeding Offences

If you are caught driving a vehicle at a speed above the prescribed limit, you may be tried in a Magistrates’ court for your speeding offence.

There are three main speeding offences that can be tried summarily:

• Driving at an excessive speed.
• ‘Totting up’ by accumulating twelve or more points from speeding or other minor offences
• Exceeding the speed limit

Drink/Drug Driving

If you have been pulled over by police under suspicion of drink/drug driving and provided a specimen of breath, blood or urine, which has tested positive for alcohol/drugs in excess of the legal limit – you will be charged with drink/drug driving and summonsed to Court.

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Send us a message or call us on 0333 443 2366 for friendly advice

Either Way Motoring Offences

There are also some motoring offences that can be tried either way. This means that the case can be heard in a Magistrates’ court or a Crown court, depending on the severity of the offence.

Examples of motoring offences that can be tried either way are:

Dangerous Driving

If your standard of driving falls far below the expected standard of a competent and careful driver, you could be charged with dangerous driving. Examples of dangerous driving include:

• Dangerously overtaking other vehicles
• Performing a dangerous manoeuvre
• Racing other vehicles
• Driving whilst unfit, through injury or being unable to see clearly
• Driving under the influence of alcohol or drugs including prescription drugs

When determining if a dangerous driving matter will be heard in the Magistrates or Crown Court, an assessment will be made as to the serious nature and the facts of the case. The Magistrates court had more limit sentencing powers than the Crown Court, making it more appropriate for serious cases.

Forgery And False Information

Sections 173 and 174 of the Road Traffic Act 1988 prohibits motorists from falsifying documents and making false statements to the police. This includes forging or altering a licence, certificate or operator’s disc.

Likewise, section 115 of the Road Traffic Regulation Act prohibits the misuse of parking documents, so handing over a parking ticket to another vehicle could fall into this category.

These offences are either way offences, meaning that they can be heard in either a Magistrates’ court or a Crown court, depending on the severity of the offence.

Causing death by careless driving

One of the most serious triable either way offences is causing death by careless driving, as it is an offence that has resulted in or caused a fatality.

This offence carries a sentence of up to five years in prison and is pursuant to Section 2B of the Road Traffic Act 1988.

Indictable Only Motoring Offences

Whilst the majority of driving offences are summary only, there are a few more serious offences that are triable only through indictment. These offences can only be dealt with in a Crown court, in the presence of a jury.

Let’s take a look at some of the indictable only motoring offences, which cannot be tried in a Magistrates’ court.

Causing Death By Dangerous Driving

This is the most serious of all driving offences, and if you are charged with it, you can expect to appear in a Crown court. This is because causing death by dangerous driving is an indictable only offence, which must be heard in the presence of a jury. This is twelve people who will decide if the Defendant is guilty or not guilty of the alleged offence.

Causing death by dangerous driving falls under section 1 of the Road Traffic Act 1988. The maximum sentence for this offence life imprisonment, for offences committed after 28^th June 2022.

Is Careless Driving A Summary Only Offence?

Careless driving, also known as driving without due care and attention, involves the standard of driving falling below what is expected of a competent and careful driver. This offence is usually a summary only offence. This means that it can only be heard in a Magistrates’ court, for a bench of Magistrates or a District Judge to make a decision.

Careless driving might include:

• Overtaking on the inside lane
• Not giving way when required
• Using the wrong lane on a roundabout
• Eating or drinking whilst driving
• Inappropriate speed
• Tailgating

This offence can become an either way offence if there has been a fatality as a consequence of the commission of the offence.

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

Is Dangerous Driving A Summary Offence?

No, Dangerous driving is classed as an either way offence, meaning that it can be tried as a summary only offence or an indictable offence depending on the circumstances of the offence. However, if there are any aggravating factors such as alcohol or racing, it may be remitted to the Crown Court to be heard as an indictable offence.

In addition to this, it’s important to note that if the dangerous driving results in a death, it will automatically be tried as an indictment offence. This is because the charge becomes significantly more serious when murder or manslaughter is involved, and the potential penalties are more severe if you are convicted of death by dangerous driving.

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

Will I receive a Notice of Intended Prosecution for a summarily only offence?

If you are the registered keeper of a vehicle that is suspected to have been involved in a motoring offence, you may receive a notice of intended prosecution (sometimes referred to as an NIP) or Section 172 Notice.

There are many different types of motoring offences for which a notice of intended prosecution may be served. These include:

• Dangerous driving
• Careless driving
• Speeding offences
• Failure to follow traffic signs
• Using a mobile phone whilst driving
• Running a red light

The notice of intended prosecution will explain the type of offence that you may be prosecuted for, as well as further details of the alleged offence and the vehicle that is suspected of being involved.

The Section 172 Notice must be served within 14 days of the commission of the offence, unless you have been pulled over by a police officer who has notified you of their intent to prosecute at the scene of the incident/elsewhere.

Related Questions

How Long After A Driving Offence Can I Be Prosecuted?

In general, the Crown Prosecution Service (CPS) has a six month time limit from the original date of the offence in order to begin proceedings. However, there are some circumstances in which proceedings can be issued later than this.

There are also some offences such as speeding offences for which the registered keeper of the vehicle must be sent a notice of intended prosecution to make them aware that they may be prosecuted within 14 days of the alleged offence taking place. If this warning is not provided, either through the post or verbally if you are stopped by a police officer, the prosecution may not be able to proceed.

Do All Driving Offences Go To Court?

Whether or not your motoring offence will go to court will depend on the type of offence, along with its severity. Whilst many minor offences such as speeding offences can be dealt with through a fixed penalty notice, other more serious offences such as dangerous driving are likely to require a trial in court. Whether the trial will be held at a Magistrates’ court or in a Crown court with a jury present will depend on the nature of the offence, as well as whether it is a summary only offence or an indictable offence.

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

In Summary

If you are charged with committing a motoring offence and asked to attend court, you might be wondering whether you’ll be attending a Magistrates’ court or a Crown court. This will depend on whether the offence is categorised as a summary only offence, either way or an indictable offence. Summary only offences are held at a Magistrates’ court and do not require a jury to be present, whilst indictable offences can only be heard at a Crown court in the presence of a jury.

If you’ve been charged with a motoring offence, the best course of action is to seek expert legal advice as early as possible. This will give you a chance to review possible defences and decide on the best way forward for your individual circumstances.

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Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

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