Either Way Offences: What Are They And What Are Your Options?

Either way offences are criminal charges that can be tried in either the Magistrates’ Court or the Crown Court, and are offences triable either way. They occupy a middle ground between less serious summary offences and more serious indictable offences. If you’re charged with an either way offence, you generally have two main options:

1. You can agree to have your case heard in the Magistrates’ Court.
2. You can elect to have your case sent to the Crown Court for trial.

The choice of court can significantly impact the potential penalties and legal process you’ll face. Understanding the nature of either way offences and carefully considering your options is crucial for anyone facing such charges.

Read on for an overview of either way offences in the UK legal system, including insight into the options available to you, the manner in which your case may be dealt with and factors to consider when deciding how to proceed with your case.

Expert Representation for Either Way Offences

If you have been charged with an either way offence, it’s crucial to seek expert legal representation. These offences can carry significant penalties, including fines, driving disqualifications, community orders, and even custodial sentences. The choice between Magistrates’ Court and Crown Court can have a big impact on your case outcome and potential penalties.

At Caddick Davies, we understand the complexity and seriousness of either way offences.

Our experienced solicitors can guide you through the legal process, help you make informed decisions about court venues, and explore all available defences or mitigation strategies, particularly for offences triable either way. Whether you’re seeking to challenge the charges or minimise potential penalties, our expertise in motoring law can be invaluable.

Contact our office for a free consultation on 0151 944 4967. We’ll assess your case, explain your options, and provide the robust representation you need to achieve the best possible outcome in your either way offence case.

Understanding Either Way Offences

Either way offences are offences which can be dealt with in ‘EITHER’ the Magistrates’ Court or the Crown Court. For example, dangerous driving is an either way offence that could be tried in either court depending on the circumstances. These types of offences bridge the gap between the courts and they tend to fall somewhere between the least serious and most serious offences.

Either way offences can carry hefty penalties including fines, driving disqualifications, community orders and even custodial sentences. Very often a detailed examination of the evidence or even the production of expert reports can be necessary in either challenging or mitigating any charge brought.

Either Way Offences vs. Other Types of Criminal Charges

As well as either way offences there are summary-only offences and indictable-only offences. Summary only offences are those which can only be dealt with in the Magistrates’ Court. These are often less serious offences such as driving without insurance or speeding. Indictable only offences on the other hand can only be dealt with in the Crown Court. They are considered the most serious offences such as causing death by dangerous driving.

Will My Case Be Dealt With Summarily Or On Indictment?

The decision on where your case is to be heard can be dependent on a number of factors. Generally, either way offences will be dealt with summarily (at the Magistrates’ Court) unless one of the following factors indicates the necessity of Crown Court intervention:

• The severity of the offence;
• Whether the sentence is likely to be in excess of the Magistrates’ Courts sentencing powers; and
• The legal, procedural or factual complexity of the case;

Despite the above, there are a number of further circumstances which can lead to your case being taken to the Crown Court, namely:

1. With either way offences you have the right to elect a Crown Court trial. This is the case even if the court determines the matter is suitable to be tried summarily.
2. Some cases may be decided in the Magistrates’ Court but later committed to the Crown Court for sentencing. This is often the case when, following conviction, it is decided that the sentence would be too high for the Magistrates’ to deal with.

The Legal Process for Either Way Offences: From Magistrates’ to Crown Court

Either way offences will begin in the Magistrates’ Court for a preliminary hearing in which a plea before venue and allocation will take place. A ‘plea before venue’ is a procedure where the defendant is asked to indicate whether they intend to plead guilty or not guilty before the court decides which venue (Magistrates’ or Crown Court) is most appropriate for the case. (as per Section 19 of the Magistrates’ Courts Act 1980)

The following provides a general guide to how this process would work in reality:

• If you entered a plea of guilty at the ‘plea before venue’ the Magistrates’ Court would deal with sentencing unless they were of the view that the likely sentence would be higher than they could impose.
• If you entered a plea of not guilty the court would likely look at the complexity of the case, any previous convictions, the seriousness of the offence and the likely sentence to be imposed if found guilty. This information would be used to determine whether the case is allocated to the Magistrates’ or Crown Court.
• If you entered a plea of not guilty and elected to go to the Crown Court for trial then your case would be allocated to the Crown Court.

 Factors Determining Venue for Either Way Offences

The approach taken in each case may determine the court in which the matter is dealt with. As mentioned earlier, a defendant can elect to go to the Crown Court. When making this decision, it’s crucial to consider the advantages and disadvantages of each court:

Magistrates’ Court: Here are some key pros and cons to consider if your case is heard in the Magistrates’ Court:

Pros of Magistrates Court 

• Matters are generally dealt with faster in the Magistrates’ Court.
• The Magistrates’ Court process is far more informal than the Crown Court.
• The Magistrates’ have lower sentencing powers which means they are limited to imposing a maximum of 6 months imprisonment (for a single offence).
• Legal fees and court costs are often lower for matters dealt with in the Magistrates’ Court.
• You have an automatic right to appeal to the Crown Court from the Magistrates’ Court if your case is triable either way.

Cons of Magistrates Court 

• Matters are most commonly dealt with by 3 lay Magistrates’ or a single District Judge and may therefore give perceptions of bias or inconsistency when compared to decisions made by a jury of your peers.
• Magistrates’ are not legally trained and may therefore struggle to fully appreciate complex legal arguments or evidence.

Crown Court

If your case proceeds to the Crown Court, here are important factors to keep in mind:

Pros of Crown Court 

• In the Crown Court the decision is made by a jury of your peers (12 members of society) and by many is considered to be a fairer, more balanced approach.
• Your case will be dealt with by legally trained and experienced judges who are better prepared to deal with complex cases which may involve expert testimony or in-depth legal arguments.
• Due to the nature of Crown Court trials there is often greater time and scope to ensure a thorough examination of the case is undertaken.

 Cons of Crown Court

• The costs for legal representation (if not legally aided) and court costs/fines should you lose are much higher in the Crown Court.
• Crown Court cases can drag on for a considerable amount of time with priority cases taking precedent. It is not uncommon for Crown Court hearings to be adjourned at the last minute.
• The Crown Court has far greater sentencing powers and can impose more severe penalties, they are not bound by the same restrictions as the Magistrates’ Court.
• The formal nature of the Crown Court can be intimidating and is not always easy to understand.
• You do not have an automatic right to appeal from the Crown Court and must first apply for permission.

It is important that you seek legal advice before making any decisions. Either way offences can be very serious and the Court that deals with your case can be a factor which impacts the overall outcome.

Common Motoring Either Way Offences

The vast majority of motoring offences are summary only offences, however, the following are examples of either way offences:

• Dangerous driving
• Causing serious injury by careless or inconsiderate driving
• Causing serious injury by dangerous driving
• Causing death by careless driving

It is important to clarify that causing death by dangerous driving is not an either way offence and can only be dealt with by the Crown Court.

Potential Sentences for Either Way Offences

The range of sentencing options for either way offences is extensive. Many of the above offences range from low-level community orders all the way to extensive custodial sentences including life imprisonment.

One thing which is relatively consistent across all either way motoring offences is the imposition of a driving disqualification. This starts at 12 months and often comes attached with an extended retest requirement. This means that when your disqualification comes to an end you are required to re-complete your practical and theory tests.

Defending Against Either Way Offences: Legal Strategies

The short answer to this question is yes. There are many defences available to people charged with either way motoring offences. Some examples of defences are:

Factual denial

The most common defence in motoring cases is to factually deny the allegations made. An example of this is arguing that your standard of driving was not ‘careless’ when charged with causing serious injury by careless driving.

Factual denials can often come down to the evidence provided by witness testimony, footage or experts. This means that robust representation is of great importance for everything from reviewing the evidence provided to cross-examining a prosecution witness.

Causation arguments

Causation arguments will often arise in death by careless driving offences. You may argue that your driving was not the cause of the victim’s death. For example, another vehicle may have been involved in the incident which caused the death and it may be this vehicle and driver that is at fault.

For obvious reasons these complex arguments almost always rely on the evidence of expert witnesses and the details of any collision investigation.

Duress or necessity

If you have been threatened or forced to commit an offence by another then you may be able to present this as a defence in court.

Similarly, if the circumstances of the situation make it necessary to commit the offence then this may constitute a defence. Acting in an emergency situation may be an example of necessity.

Automatism

In extremely rare cases you may be unconscious or unaware of your actions and conduct. In these cases the actions may be considered involuntary and constitute ‘automatism’. Having a seizure, passing out or a diabetic episode may be examples of when automatism applies.

Once again, detailed expert evidence would no doubt be required to present such a defence.

There are a number of defences which may be relevant in your case. These will depend upon what has occurred in your case and what the evidence may show. Obtaining expert legal advice is an important first step in finding out what options and potential defences may be available to you.

Plea and Mitigation in Either Way Offence Cases

It may be the case that you do not intend on challenging the either way offence you are charged with. In some circumstances the best option may be to enter an early guilty plea and focus on mitigation. The purpose of this approach would be to retain any relevant credit and present circumstances which may persuade the court to impose a lighter sentence.

It is important at this stage to clarify that you will get the maximum credit of 33% by entering a guilty plea at the earliest opportunity. This credit will reduce gradually the longer the case goes on, usually resulting in 0% credit on the day of trial. In motoring offences credit can help to reduce any fine, community order or custodial sentence imposed.

Credit will NOT reduce the length of any driving disqualification.

Mitigation can be given which focuses on the circumstances of the offence of your personal situation. Some mitigating circumstances to consider are:

– Remorse

– Impact of sentence on you (finances, employment, family, medical conditions etc)

– Whether you have any dependants

– Evidence of good character

– Details of the offence and any circumstances which mitigate your actions

When presenting your mitigation it is often necessary to obtain supporting documents to be considered by the Court. Discussing this with legal professionals can help to ensure that your case is correctly prepared and evidenced before you attend Court.

The Importance of Expert Legal Advice for Either Way Offences

To sum up, either way offences are certainly serious and those convicted can be given severe sentences including custody and lengthy driving bans. The nature of an either way offence means that it may be dealt with in either the Magistrates’ Court or the Crown Court.

As we’ve explored in this article, the specifics of each case will play a role in where the matter is heard and what options are available to you. There are several things to be aware of with these kinds of charges including:

1. Court Venue: You may have the option to choose between Magistrates’ Court and Crown Court, each with its own pros and cons.
2. Potential Penalties: Either way offences can result in severe sentences, including fines, driving bans, and even imprisonment.
3. Legal Defences: Various defence strategies may be available, from factual denials to complex arguments about causation or automatism.
4. Mitigation: If pleading guilty, early pleas and effective mitigation can significantly impact sentencing.

The complexity of either way offences underscores the importance of expert legal representation. Each case is unique, and the best course of action depends on the specific circumstances of the offence and your personal situation.

If you’re facing an either way offence, seek professional legal advice to understand your options, build a strong defence or mitigation strategy, and aim for the best possible outcome in your case.

Contact Cadick Davies 

At Caddick Davies, we are experts when it comes to defending motoring offences, with decades of experience dealing with a diverse range of cases. Whether you’re hoping to have the conviction overturned or planning to plead guilty to the offence, we can prepare a strong case, giving you the best chance of success in court.

You can contact our office for a fee consultation on 0151 944 4967.

• About
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Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

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