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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:
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.
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.
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:
Despite the above, there are a number of further circumstances which can lead to your case being taken to the Crown Court, namely:
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:
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:
If your case proceeds to the Crown Court, here are important factors to keep in mind:
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:
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.
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:
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 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.
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.
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.
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.
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:
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.
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.
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