What Are Triable Either Way Offences? A Guide to Understanding Their Legal Process
What Are Triable Either Way Offences? A Guide to Understanding Their Legal Process
What Are Triable Either Way Offences?
- Theft
- Fraud
- Actual Bodily Harm (ABH)
- Drug offences (e.g., possession with intent to supply)
- Burglary
- Affray
How Is the Court Venue Decided?
Step 1: The Magistrates’ Court Hearing (Mode of Trial Decision)
- The defendant is brought before the Magistrates’ Court.
- The magistrates decide whether they have sufficient sentencing powers to deal with the case. If they believe their maximum sentencing powers (up to 12 months’ imprisonment per offence) are sufficient, they may decide to retain the case.
- The defendant is given a choice—they can either accept trial at the Magistrates’ Court or opt for a trial by jury at the Crown Court.
Step 2: The Defendant’s Choice
- If the magistrates decide to keep the case, the defendant can still choose to have the case heard in the Crown Court.
- If the magistrates decide the case is too serious, it will automatically be sent to the Crown Court.
Step 3: Committal to the Crown Court (If Necessary)
Factors That Influence Trial Venue
- Seriousness of the Offence: The more severe the crime, the more likely it is to be sent to the Crown Court.
- Sentencing Powers: If the magistrates feel that the offence warrants a sentence beyond their 12-month imprisonment limit, they may refer it to the Crown Court.
- Defendant’s Criminal Record: A history of similar offences may influence the decision to send the case to the Crown Court.
- Legal Representation Advice: A defence solicitor may recommend trial in the Crown Court if there are strategic advantages, such as the right to a jury trial.
Advantages and Disadvantages of Crown Court Trial
Advantages
- Jury Trial: The case is decided by a jury rather than magistrates.
- More Time to Prepare Defence: Crown Court trials typically allow more time for legal teams to build a defence case.
- Higher Acquittal Rates: Statistics show that Crown Court juries acquit more often than magistrates.
Disadvantages
- Longer Process: Crown Court cases take longer to conclude than those in the Magistrates’ Court.
- Higher Costs: Legal costs can be higher for a Crown Court trial.
- Harsher Sentences: If convicted, sentences in the Crown Court can be more severe.
Conclusion
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