Legal Definitions - triable either way

Definition: Triable either way is a term used in English law to describe an offense that can be prosecuted in either the Crown Court or a magistrates' court.

For example, theft and most burglaries are considered triable either way. This means that the defendant can choose to be tried in the Crown Court, where there is a judge and jury, or in a magistrates' court. If the defendant chooses a magistrates' court trial, the magistrates may decide that the case is too serious and should be committed to the Crown Court for trial.

Another example of a triable either way offense is assault causing actual bodily harm. This offense can be prosecuted in either the Crown Court or a magistrates' court, depending on the severity of the case.

These examples illustrate the definition of triable either way because they show that certain offenses can be prosecuted in either court, giving the defendant the option to choose where they want to be tried. However, if the offense is deemed too serious by the magistrates, it will be committed to the Crown Court for trial.