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Either Way Offences: Everything You Need to Know
An either way offence is a criminal offence that can be heard in either the Magistrates Court or the Crown Court.
This type of offence was created to make the criminal justice system more efficient, and to save taxpayers money. The decision as to which court will hear the case is made by the prosecutor and depends on a number of factors including the seriousness of the offence and whether it is triable summarily (in front of a magistrate) or on indictment (before a jury).
This article will explain what either way offences are, why they can be heard at different courts, and what you can do if you’re charged with one.
Facing an either way offence charge? Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice
An either way offence is a criminal offence that can be heard in either the Magistrates Court or the Crown Court. This type of offence was created to make the criminal justice system more efficient, and to save taxpayers money. The decision as to which court will hear the case is made by the prosecutor and depends on a number of factors including:
All of this will be considered as well as the facts of the case and the evidence that is available.
Either way offences can be heard at Magistrates or Crown Court because they are more serious than summary offences but not as serious as indictable offences. This means that they can be tried in either court, depending on the circumstances. However, it is important to note that even if your hearing is at Magistrates Court, it could still be a very serious offence with some potentially life-changing consequences.
The main difference between a Magistrates and Crown Court hearing is that Magistrates Courts can only deal with offences that have a maximum sentence of six months in prison, whereas Crown Courts can deal with any offence. This means that if you are charged with an either way offence, your case will be heard in the Magistrates Court unless the prosecutor decides that it is too serious to be dealt with there.
If your case is heard in the Crown Court, it will be before a judge and jury. This means that you will have to answer to 12 members of the public who will decide whether you are guilty or not. Magistrates Hearings, on the other hand, are usually before a single magistrate who will decide your fate.
There are many different types of either way offences, but some of the most common include:
Depending on the exact circumstances of the crime, these can be less or more serious which is why the prosecutor will consider all of the factors before deciding which court to hear the case in.
Facing an either way offence charge? Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice
There are two other types of criminal offences – summary offences and indictable offences. Summary offences are less serious than either way or indictable offences and can only be tried in the Magistrates Court. This means that if you’re charged with a summary offence, your case will be heard in front of a single magistrate who will decide whether you’re guilty or not. Examples of summary offences include:
Indictable offences are the most serious type of criminal offence and can only be tried in the Crown Court. This means that if you’re charged with an indictable offence, you’ll have to answer to a judge and jury. The jury will decide whether you’re guilty or not, and the judge will sentence you if you are found guilty. Examples of indictable offences include:
There are also a number of motoring offences that can be heard in either court, depending on the severity. The most common examples are:
These offences can be more or less serious depending on the circumstances, so it’s important to get legal advice as soon as possible if you’re charged with one of these. At Caddick Davies, our lawyers have a wealth of experience in dealing with either way motoring offences and can give you the best possible chance of a successful outcome.
If you’re charged with an either way offence, it’s important to get legal advice as soon as possible so that you can understand your options and start preparing for your hearing. At Caddick Davies, we have a team of experienced criminal lawyers who can help you every step of the way. We’ll guide you through the process, advise you on what to do and how to prepare, and represent you in court if necessary. Our team of criminal defence lawyers have a wealth of experience in this area and can help you understand your options and what to expect from the court process. We’ll work tirelessly to get the best possible outcome for you, whether that’s a dismissal of the charges, a reduction in the sentence or an acquittal.
When it comes to choosing the right lawyer for your case, it’s important to do your research and find someone who has experience in dealing with the type of offence you’ve been charged with. It’s also important to find someone who you feel comfortable with and who you can trust to give you the best possible advice. At Caddick Davies, we have a team of experienced criminal defence lawyers who are ready to help you with your case. We offer a free initial consultation so that you can get to know us and our team, and we’ll work with you every step of the way to help you get a favourable outcome.
If you’re facing an either way offence charge, it’s important to be prepared for your hearing. This means knowing what to expect from the court process, understanding your options, and having all the necessary evidence and witnesses ready. Our team of criminal defence lawyers can help you with all of this, and we’ll guide you through the process every step of the way. We’ll also advise you on what to say in court and how to behave so that you put your best foot forward.
If your case is heard in the Magistrates Court, the process will be as follows:
If you disagree with the sentence or your lawyers believe you have a good chance of having it reduced or overturned, you can then file an appeal. This usually involves going to the Crown Court for a re-trial.
Facing an either way offence charge? Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice
If your case is heard in the Crown Court, the process is similar to a Magistrates Court with a few key differences:
Again, you can then file an appeal if you want to have the sentence reduced or overturned. This process will involve going to the Court of Appeal.
Whatever the outcome of your case, it’s important to get legal advice from a qualified and experienced defence lawyer. At Caddick Davies, we have a team of highly-skilled lawyers who have vast experience in both Magistrates and Crown Courts. We’ll work tirelessly to get the best possible outcome for you, whether that’s a dismissal of the charges, a reduction in the sentence or an acquittal. If you are appealing a sentence, we can also help with that process whether you were our client during the initial hearing or not.
There are a number of defences that can be used in an either way offence case, and your lawyer will advise you on which ones are most applicable to your case. Some common defences include:
These are just some of the defences that can be used in either way offence cases. If you’re unsure about which defences are available to you, or need help preparing for your hearing, please contact us today and we’ll be happy to assist you.
Either way offences are serious crimes that can be heard in either the Magistrates Court or the Crown Court. If you’re facing charges for an either way offence, it’s important to get legal advice from a qualified defence lawyer as soon as possible.
At Caddick Davies, we have a team of experienced lawyers who can advise you on the best course of action and represent you in court. Get in touch with us today for advice and representation.
Facing an either way offence charge? Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice
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