TRIABLE EITHER WAY

TRIABLE EITHER WAY

triable either way. English law. (Of an offense) prosecutable either in the Crown Court or in a magistrates’ court.

¡°The criminal courts in England and Wales are the magistrates’ courts and the Crown Court. Those offences considered least serious are summary offences, triable only in the magistrates’ courts. Those offences considered most serious are triable only on indictment, in the Crown Court. A large number of offences, such as theft and most burglaries, are ¡®triable either way,¡¯ in a magistrates’ court or the Crown Court. For these offences the defendant can elect to be tried at the Crown Court, where there is a judge and jury. If the defendant does not wish a Crown Court trial, the magistrates may decide (having heard representations from the prosecutor) that the case is so serious that it should be committed to the Crown Court for trial.¡± Andrew Ashworth, Principles of Criminal Law 16 (1991).


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