Legal Definitions - triable either way

In English law, an offense described as triable either way refers to a criminal charge that can be heard and decided in one of two different court systems:

• The Magistrates' Court, which handles less serious cases and does not involve a jury.
• The Crown Court, which deals with more serious offenses and involves a judge and jury.

For these types of offenses, there is a degree of flexibility in where the trial takes place. The defendant typically has the option to choose a trial by jury in the Crown Court. However, even if the defendant prefers to be tried in the Magistrates' Court, the magistrates themselves can decide that the case is too serious for their jurisdiction and send it to the Crown Court for trial.

Here are some examples to illustrate this concept:

• Example 1: Assault Occasioning Actual Bodily Harm (ABH)

  Imagine a situation where two individuals get into an argument at a public event, resulting in one person pushing the other, causing them to fall and sustain a minor concussion and a sprained wrist. This offense, classified as Assault Occasioning Actual Bodily Harm, is "triable either way."

  How it illustrates the term: The defendant might prefer to have their case heard in the Magistrates' Court, hoping for a quicker resolution and potentially a less severe sentence. However, given the nature of the injuries (even if not life-threatening) and the circumstances, the magistrates might decide that the case warrants the more formal setting and sentencing powers of the Crown Court, especially if there's a history of similar incidents or aggravating factors.

• Example 2: Lower-Value Fraud by False Representation

  Consider a scenario where an individual uses a slightly altered document to falsely claim a small insurance payout of £3,000 for damages that did not occur. This act constitutes fraud by false representation, which is an offense "triable either way."

  How it illustrates the term: While the monetary value involved is not extremely high, the element of deception makes it a serious matter. The defendant could elect to be tried in the Crown Court, perhaps believing a jury would be more understanding of their circumstances. Alternatively, if the magistrates believe the deception was particularly sophisticated or that the defendant has a history of similar dishonest acts, they might decide to send the case to the Crown Court, even if the defendant preferred a magistrates' court trial.

• Example 3: Criminal Damage Exceeding a Specific Value

  Suppose an individual, in a fit of anger, intentionally smashes several windows of a local community center, causing an estimated £7,000 worth of damage. Criminal damage, when the value of the damage exceeds a certain threshold (currently £5,000), becomes an offense that is "triable either way."

  How it illustrates the term: The defendant might opt for a trial in the Magistrates' Court, hoping for a swifter process and potentially a lighter penalty. However, due to the significant cost of the damage and the impact on a community facility, the magistrates might conclude that the case is serious enough to be heard in the Crown Court, where a judge and jury would determine guilt and a potentially more substantial sentence could be imposed.