Either way offence

Either way offence meaning

An either way offence is a offence for which the accused may elect the case to be dealt with either summarily by the magistrates or by committal to the Crown Court to be tried by jury. The Magistrates' Court or the Crown Court are the two courts that have the authority to hear cases involving criminal offences. A defendant who is charged with an either way offence will make his initial appearance before the magistrates' court. The magistrates will then decide whether or not to keep the case before them, or whether or not to send the case to the Crown Court for trial because it is too serious for them to deal with. The defendant has the right to choose between a trial before a judge and jury in the Crown Court or a trial before the magistrates in the event that the magistrates decide to retain the matter before them. Theft, assault that results in real physical injury, and the majority of burglary types are all examples of crimes that may be prosecuted either way.

Law Books

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