Define: Mode Of Trial

Mode of trial refers to the process by which a criminal offence is adjudicated and whether it will be heard in a magistrates’ court or a higher court, such as a crown court, based on the seriousness of the offence. In some jurisdictions, defendants have the option to elect the mode of trial for certain offences, while in others, it is determined by legal guidelines. The decision on the mode of trial can significantly impact the legal proceedings, as magistrates’ courts typically handle less serious offences with more limited sentencing powers, while crown courts have jurisdiction over more serious crimes and can impose harsher penalties. The mode of trial process aims to ensure that cases are heard in the appropriate venue based on the severity of the alleged offence and the legal procedures applicable to each court.

The question of whether an alleged criminal should be tried summarily or by means of a jury is a perennial topic of debate. At present, minor offences are triable only summarily, major ones (e.g. murder, rape, etc) are triable only through a jury, and a large collection of ‘either way’ offences are triable by either means. For the current method of determining the mode of trial, see criminal trial procedure.

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This glossary post was last updated: 29th March 2024.