England and Wales
In relation to England and Wales, the expression "offence triable either way" means an offence, other than an offence triable on indictment only by virtue of Part V of the Criminal Justice Act 1988, which, if committed by an adult, is triable either on indictment or summarily; and the term "triable either way", in its application to offences, is to be construed accordingly. In this definition, references to the ways in which an offence is triable are to be construed without regard to the effect, if any, of section 22 of the Magistrates' Courts Act 1980 on the mode of trial in a particular case.
In English criminal law a hybrid offence is called a "triable-either-way offence" and can be heard at either the Magistrates' Court or Crown Court. The decision as to which court will hear the case is determined at a Mode of Trial hearing.
The magistrates decide if the case is suitable to be heard in the Magistrates' Court. If they decide that the case is either too serious or too complex, 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 them then the defendant is asked for consent to do so. The defendant can then either consent to be tried by the magistrates 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.
If the defendant is tried summarily in the 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.
Read more about this topic: Hybrid Offence
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