Summary offence

A less serious offence that can only be tried in a magistrates' court, such as common assault or most motoring offences.

A summary offence is the least serious category of criminal offence and can only be tried in a magistrates' court (or youth court for under-18s), by magistrates or a district judge rather than a jury. Examples include common assault, being drunk and disorderly, drink driving and most other motoring offences, such as speeding and driving without insurance. The maximum prison sentence is normally six months, and many summary offences can only be punished with a fine. A prosecution must usually be started within six months of the offence, under section 127 of the Magistrates' Courts Act 1980, although some offences have longer time limits. Criminal damage worth £5,000 or less (other than arson) and shoplifting of goods worth £200 or less are technically either-way offences but are normally dealt with as if summary; section 47 of the Crime and Policing Act 2026 will end the special rule for low-value shoplifting, but at the time of writing it is not yet in force. A conviction for a summary offence is still a criminal conviction.

Checked as at 25 September 2026. General information only, not legal advice.