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KembaraXtra – Legal Terms – Offence Triable Either Way
An offence triable either way is a criminal offence that may be tried either summarily in a magistrates’ court or on indictment in the Crown Court before a judge and jury. The choice depends on the seriousness and circumstances of the case.
Examples of either-way offences include theft, fraud, deception offences, bigamy, and sexual activity involving a child under 16. These offences are considered intermediate in seriousness between summary offences and indictable-only offences.
When such a case first comes before the magistrates’ court, the magistrates must examine the facts and determine whether the matter is suitable for summary trial or should be sent to the Crown Court for trial on indictment. Factors such as complexity, seriousness, and sentencing powers are considered.
Even if magistrates believe they can deal with the matter adequately, the defendant usually has the right to elect trial by jury in the Crown Court. This right reflects the importance of jury trial for more serious criminal allegations.
There are important exceptions. Certain cases must proceed on indictment if requested by senior prosecuting authorities. Some low-value criminal damage cases must be tried summarily, while special rules apply to defendants under 18, who are generally tried summarily unless charged with particularly serious offences.
An offence triable either way is a criminal offence that may be tried either summarily in a magistrates’ court or on indictment in the Crown Court before a judge and jury. The choice depends on the seriousness and circumstances of the case.
Examples of either-way offences include theft, fraud, deception offences, bigamy, and sexual activity involving a child under 16. These offences are considered intermediate in seriousness between summary offences and indictable-only offences.
When such a case first comes before the magistrates’ court, the magistrates must examine the facts and determine whether the matter is suitable for summary trial or should be sent to the Crown Court for trial on indictment. Factors such as complexity, seriousness, and sentencing powers are considered.
Even if magistrates believe they can deal with the matter adequately, the defendant usually has the right to elect trial by jury in the Crown Court. This right reflects the importance of jury trial for more serious criminal allegations.
There are important exceptions. Certain cases must proceed on indictment if requested by senior prosecuting authorities. Some low-value criminal damage cases must be tried summarily, while special rules apply to defendants under 18, who are generally tried summarily unless charged with particularly serious offences.
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