Either Way Offences: What Are They & How Are They Decided?
What are Either Way offences?
When a defendant is charged with an “either way” offence in the UK, they have the choice of whether to have their case tried in the magistrates’ court or the Crown Court. This decision can have significant implications for the defendant, as the two courts have different powers, procedures, and sentencing guidelines. In this article, we will explore the advantages and disadvantages of a trial in the Crown Court compared to the magistrates’ court for an either way offence.
Crown Court Trials
Advantages of a Crown Court trial;
- The Crown Court is a court of trial by jury, which means that the case will be heard by a group of 12 jurors who will determine the verdict. This can be advantageous for the defendant, as a jury may be more likely to acquit than a judge sitting alone. Juries are generally thought to be more independent and impartial than judges, as they are drawn from a cross-section of the community and are not legal professionals. In addition, juries are required to give reasons for their verdicts, which can help to ensure transparency and accountability in the justice system.
- In Crown Court trials, defendants are more likely to be represented by a barrister, who can provide specialist legal expertise. Barristers are trained in advocacy and have extensive knowledge of the law and legal procedures. This can be particularly important in complex cases where the defendant’s liberty is at stake.
Disadvantages of a Crown Court trial
However, there are also some disadvantages to having a case tried in the Crown Court;
- The Crown Court has greater sentencing powers than the magistrates’ court, and can impose longer custodial sentences. This can be an advantage for the prosecution, who may be seeking a longer sentence for a serious offence, but is a disadvantage for defendants who may be looking to minimise any sentencing.
- Crown Court trials tend to be more expensive than magistrates’ court trials, due to the need for legal representation and the longer trial process. This can be a significant burden for defendants who are not eligible for legal aid and must pay for their own representation.
- Crown Court trials tend to attract more media attention than magistrates’ court trials, which can be stressful for the defendant and their family. High-profile cases can attract intense scrutiny from the media, which can make it difficult for the defendant to receive a fair trial.
Magistrates’ Court Trials
Advantages of a Magistrates’ Court trial;
- Magistrates’ court trials are generally less formal and intimidating than Crown Court trials.
- The case is heard by a single District Judge or a panel of three magistrates, rather than a jury. This can be an advantage for the defendant, as magistrates are often seen as more approachable and less intimidating than judges.
- Magistrates’ court trials tend to be quicker than Crown Court trials, which can be important in cases where a speedy resolution is needed.
- Magistrates’ court trials are generally less expensive than Crown Court trials, as legal representation is not always necessary and the process is shorter.
- Magistrates’ courts have more limited sentencing powers than the Crown Court, and can only impose a maximum sentence of 12 months’ imprisonment for a single offense. This can be a disadvantage for the prosecution, who may be seeking a longer sentence for a serious offense, but could be advantageous for a defendant hoping to reduce any sentencing.
Disadvantages of a Magistrates’ Court trial;
There are also some disadvantages to having a case tried in the magistrates’ court.
- Defendants in magistrates’ court trials are more likely to be represented by a solicitor, rather than a barrister, which may limit their access to specialist legal expertise. However, solicitors are also trained legal professionals and can provide effective representation in many cases.
- Magistrates’ court trials are heard by a magistrate or panel of magistrates, and defendants do not have the right to a trial by jury. This can be a disadvantage for defendants who feel that a jury trial would be more impartial and independent.
Overall, the decision to have an either way offence tried in the magistrates’ court or the Crown Court will depend on a range of factors, including the seriousness of the offence, the defendant’s criminal history, and their access to legal representation. While each court has its own advantages and disadvantages, the most important consideration is likely to be which option is most likely to result in a fair and just outcome for the defendant.
If you require support with an ‘either way’ offence, our criminal law solicitors can help you. You can find out more information on our Criminal Law service here.
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