When an enactment in the United Kingdom creates an offence, it generally specifies what penalties apply
on summary conviction or
on conviction on indictment. In relation to
England and Wales, the first expression refers to a trial in a
magistrates' court without a jury before a district judge or a panel of
magistrates, while the latter refers to a trial in the
Crown Court by
jury. Some offences allow either mode of trial, and as such the
Interpretation Act 1978 defines the expression
triable either way to describe an offence which, if committed by an adult, is triable either on indictment or summarily. By contrast a
summary offence is one that is
not defined as triable on indictment (cannot normally be tried in the Crown Court), whereas
indictable offence includes an either way offence. In some cases an offence may be triable only summarily because the amount of money at issue is small (section 22 of the
Magistrates' Courts Act 1980), or an offence that can normally be tried only summarily may nonetheless be tried on indictment along with other offences that are themselves indictable (Part V of the
Criminal Justice Act 1988); these circumstances do not affect whether an offence is described as
summary,
indictable, or
either way. Offences committed by offenders under 18 are usually tried in the
Youth Court, which has different procedures. When a person is charged with an either-way offence, the decision as to which court will hear the case is determined at a Mode of Trial hearing before a magistrates' court. The court decides if the case is suitable to be heard in a magistrates' court. If they decide that the case is either too serious or too complex, or another offence is being charged which is triable only on indictment, they can send the case to the Crown Court, in which case the defendant has no say in the matter. If the magistrates decide that the case is suitable to be heard by the magistrates, then the defendant is asked for consent to do so. The defendant can then either consent to be tried summarily (though likely in a different hearing on a later date) or opt for trial by jury at the
Crown Court, provided that they have pleaded not guilty. If they have pleaded guilty then they have no say in the matter – thus there is no way for a defendant to
agree to plead guilty in exchange for having a case dealt with by magistrates. A defendant can, however, ask for an indication as to whether the magistrates would be minded to impose a custodial sentence were they to plead guilty at that point. Magistrates' courts have limited powers of sentencing; for example, they may not impose a sentence of imprisonment longer than twelve months. If the defendant is tried summarily in a magistrates' court and is convicted, there may still be a committal to the Crown Court for sentencing if the magistrates think that their sentencing powers are inadequate. Thus it is not possible for a defendant to avoid the harsher sentences available in the Crown Court simply by accepting a summary trial. A number of either-way offences have special treatment; these include: •
Shoplifting contrary to section 1 of the
Theft Act 1968, where the goods stolen were valued less than £200 – the Magistrates' Court cannot send the defendant for trial to the Crown Court of its own volition, but must do so if the defendant so elects. •
Burglary contrary to section 9 of the Theft Act 1968, where: • an indictable-only offence was committed, or intended to be committed during the burglary; • the burglary was at a dwelling and a person in the dwelling was subjected to violence or the threat of violence; or • the defendant has two or more previous convictions for domestic burglary.
History The expression "hybrid offence" was applicable to an offence triable either on indictment or summarily. It was applicable to offences to which section 18 of the
Magistrates' Courts Act 1952 applied. See sections 14(c) and 64 of the
Criminal Law Act 1977. ==Scotland==