Arrest flowchart

Many thanks to Tom Bennet for making and sharing this flowchart.

To clarify the difference between summary, either-way and indictable offences, in case not everyone is familiar with this.

Summary offences are always heard in the magistrates’ courts and include most of the charges faced by XR defendants, including obstruct highway, obstruct PC, Section 14, public nuisance, low-value criminal damage. 

Either-way offences can be tried in either the magistrates’ court or the crown court in front of a jury – the defendant chooses. These are relatively unusual for us but include some offences alleged to have been committed on railways or in airports, and higher-value criminal damage. XR people facing these charges have chosen a jury trial rather than a trial in the magistrates’ courts.

Indictable are the most serious offences and can only be heard in the crown court. As far as Legal Support knows, no-one has yet faced an indictable charge following an XR action, although many conspiracy offences are indictable and it remains a possibility.