Editing Summary offence (section)

==United Kingdom==
In relation to [[England and Wales]], the expression "summary trial" means a trial in the [[magistrates' court]]. In such proceedings there is no jury; the appointed judge, or a panel of three lay magistrates, decides the guilt or innocence of the accused. Each summary offence is specified by statute which describes the (usually minor) offence and the judge to hear it. A summary procedure can result in a summary conviction.<ref>{{cite web|title=Summary offences and the Crown Court|url=https://www.cps.gov.uk/legal-guidance/summary-offences-and-crown-court|website=CPS|publisher=Crown Prosecution Service|access-date=19 March 2018}}</ref> A "summary offence" is one which, if charged to an adult, can only be tried by summary procedure.<ref name="Interpretation Act s. 5">The [[Interpretation Act 1978]], section 5 and Schedule 1 (in the heading [http://www.legislation.gov.uk/ukpga/1978/30/schedule/1/crossheading/construction-of-certain-expressions-relating-to-offences "construction of certain expressions relating to offences"]), as amended by section 170 of, and paragraph 59 of Schedule 15 to, the [[Criminal Justice Act 1988]], and by section 154 of, and paragraph 169 of Schedule 7 to, the [[Magistrates' Courts Act 1980]].</ref> Similar procedures are also used in Scotland.

Certain offences that may be tried in a Crown Court (by jury) may be required to be tried summarily if the value involved is small; such offences are still considered [[either way offence]]s, so are not thereby "summary offences" in the meaning of that term defined by statute. Contrariwise, certain summary offences may in certain circumstances be tried on indictment along with other offences that are themselves indictable; they do not thereby become "indictable offences" or "either way offences" but remain "summary offences", though tried by jury.<ref name="Interpretation Act s. 5"/>

Sir [[William Blackstone]], in his [[Commentaries on the Laws of England]] (1765–1769), described summary offences thus:

{{quote|By a ''summary'' proceeding I mean principally such as is directed by several acts of parliament (for the common law is a stranger to it, unless in the case of contempts) for the conviction of offenders, and the inflicting of certain penalties created by those acts of parliament. In these there is no intervention of a jury, but the party accused is acquitted or condemned by the suffrage of such person only, as the statute has appointed for his judge. An institution designed professedly for the greater ease of the subject, by doing him speedy justice, and by not harassing the freeholders with frequent and troublesome attendances to try every minute offence. But it has of late been so far extended, as, if a check be not timely given, to threaten the disuse of our admirable and truly English trial by jury, unless only in capital cases.}}

In the [[United Kingdom]], trials for summary offences are heard in one of a number of types of lower court. For [[England and Wales]] this is the [[Magistrates' court (England and Wales)|Magistrates' Court]]. In [[Scotland]], it is the [[Sheriff Court]] or [[Justice of the peace court]], depending on the offence (the latter being primarily for the most minor of offences). [[Northern Ireland]] has its own [[Courts of Northern Ireland|Magistrates' Court system]].