Triable either way refers to a type of offence in English law that allows for prosecution in either the Crown Court or a magistrates’ court. Depending on the seriousness of the offence, some can only be tried in a magistrates’ court, while others can only be tried in the Crown Court. However, for offences that fall under the category of triable either way, the defendant has the option to choose between being tried in the Crown Court with a judge and jury, or in a magistrates’ court. In cases where the defendant does not opt for the Crown Court, the magistrates may decide to transfer the case to the Crown Court if they deem it too serious for a magistrates’ court trial.
Triable either way refers to an offence in English law that can be tried in either the Crown Court or a magistrates’ court. Offenses such as theft and most burglaries fall under this category. This means that the defendant has the choice to be tried in either the Crown Court, which involves a judge and jury, or in a magistrates’ court. In the event that the defendant opts for a magistrates’ court trial, the magistrates may determine that the case is sufficiently serious and should be transferred to the Crown Court for trial. Another example of a triable either way offence is assault causing actual bodily harm, which can be prosecuted in either court depending on the severity of the case. These examples exemplify the concept of triable either way as they demonstrate that certain offences can be prosecuted in either court, granting the defendant the freedom to select their preferred trial location. However, if the magistrates deem the offence to be too grave, it will be transferred to the Crown Court for trial.
“Triable Either Way” refers to a category of offenses that can be tried either in a Magistrates’ Court or in a Crown Court, depending on the seriousness of the case.
The decision is usually made based on the seriousness of the offense. If the offense carries a maximum penalty of more than six months’ imprisonment, it is generally considered triable either way.
The decision is typically made by the defendant during the first appearance in court. However, in some cases, the prosecution or the court may also have the power to decide.
Factors such as the complexity of the case, the potential sentence, and the defendant’s preference are taken into account when making this decision.
Yes, in certain circumstances, a case can be transferred from one court to another. This may happen if new evidence emerges or if the seriousness of the offense changes.
Some advantages include lower legal costs, quicker resolution of the case, and the ability to have the case heard by a panel of lay magistrates who may have a better understanding of local issues.
Crown Courts have greater sentencing powers, allowing for more severe punishments if the defendant is found guilty. Additionally, cases in Crown Courts are usually heard by a judge and jury, providing a potentially fairer trial.
In most cases, the defendant has the right to choose whether their case is tried in a Magistrates’ Court or a Crown Court. However, the court may override this choice if it deems it necessary.
If a defendant pleads guilty, the court will usually proceed with the case in the court where it was initially listed. However, the court may transfer the case to a different court if it deems it appropriate.
In some circumstances, a defendant may be able to change their mind about the court in which they want their case to be tried. However, this decision ultimately rests with the court, and they may not always grant the request.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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