Either-way offence
A middle-ranking offence that can be tried in a magistrates’ court or at the Crown Court.
Either-way (“triable either way”) offences are more serious than summary offences. The MoJ gives dangerous driving and theft and handling stolen goods as examples.
The magistrates first decide whether the case is suitable for them (allocation). If it is, the defendant can still choose a jury trial at the Crown Court. Magistrates can also send a case up because the sentence could be more than they are allowed to give.
Official sources
- A guide to criminal court statistics (Ministry of Justice)
- Magistrates’ Courts Act 1980, section 17A (legislation.gov.uk)
- Interpretation Act 1978, Schedule 1 (legislation.gov.uk)
This is a plain-English summary, not legal advice. The official sources above are the authority.
See also
Allocation (which court) · Sentencing · How a case moves from charge to sentence · All explainers
