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offence triable either way

Subject: Law

A crime that may be tried either as an indictable offence or a summary offence. Such crimes include offences of deception or fraud, theft, bigamy, and sexual activity with a child under ...

offence triable either way

offence triable either way   Quick reference

A Dictionary of Law (9 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
270 words

...offence triable either way A crime that may be tried either as an indictable offence or a summary offence . Such crimes include offences of deception or fraud, theft, bigamy, and sexual activity with a child under the age of 16. When an offence is triable either way, the magistrates’ court must decide, on hearing the initial facts of the case, if it should be tried on indictment rather than summarily (for example, because it appears to be a serious case). Even if they decide that they can deal with the matter adequately themselves, they must give the...

offence triable either way

offence triable either way   Quick reference

A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
270 words

... triable either way A crime that may be tried either as an indictable offence or a summary offence . Such crimes include offences of deception or fraud, theft, bigamy, and sexual activity with a child under the age of 16. When an offence is triable either way, the magistrates’ court must decide, on hearing the initial facts of the case, if it should be tried on indictment rather than summarily (for example, because it appears to be a serious case). Even if they decide that they can deal with the matter adequately themselves, they must give the defendant...

offence triable either way

offence triable either way  

Reference type:
Overview Page
Subject:
Law
A crime that may be tried either as an indictable offence or a summary offence. Such crimes include offences of deception or fraud, theft, bigamy, and sexual activity with a child under the age of ...
offence triable only summarily

offence triable only summarily  

Reference type:
Overview Page
Subject:
Law
An offence that can be tried only in a magistrates' court. See summary offence. Compare offence triable either way; offence triable only on indictment.
offence triable only on indictment

offence triable only on indictment  

Reference type:
Overview Page
Subject:
Law
An offence that can be tried only in the Crown Court. See indictable offence. Compare offence triable either way; offence triable only summarily.
categories of cases

categories of cases  

Reference type:
Overview Page
Subject:
Law
Under the Magistrates' Courts Act 1980 there are three categories of cases:• those triable only on indictment;• those triable either on indictment or summarily (‘either way offences’); and• those ...
summary offence

summary offence  

Reference type:
Overview Page
Subject:
Law
An offence that can be tried summarily, i.e. before magistrates. Most minor offences (e.g. common assault and battery) are triable only summarily; some more serious offences are offences triable ...
indictable offence

indictable offence  

Reference type:
Overview Page
Subject:
Law
An offence that may be tried on indictment. Most serious common-law offences are indictable (e.g. murder, rape) and many are created by statute. When a statute creates an offence without specifying ...
summary trial

summary trial  

Reference type:
Overview Page
Subject:
Law
Trial by magistrates without a jury. All summary offences are tried in this way, as well as some offences triable either way. The main procedural principles followed in trial on indictment also apply ...
mode of trial

mode of trial  

Reference type:
Overview Page
Subject:
Law
A hearing in a magistrates' court that decides whether an offence triable either way should be heard in the magistrates' court or committed to the Crown Court. See also plea before venue.
child cruelty

child cruelty  

Reference type:
Overview Page
Subject:
Law
An offence under s 1 of the Children and Young Persons Act 1933. A person aged 16 or over with responsibility for a child under the age of 16 is guilty of an offence of child cruelty if he wilfully ...
fraudulent receipt of programme

fraudulent receipt of programme  

Reference type:
Overview Page
Subject:
Law
Receipt of a programme included in a broadcasting or cable programme service provided from a place in the UK with intent to avoid payment of any charge applicable to the reception of the programme. ...
paying for sexual services of a child

paying for sexual services of a child  

Reference type:
Overview Page
Subject:
Law
An offence under s 47 of the Sexual Offences Act 2003 whereby a person intentionally obtains for himself the sexual services of a person under 18 years of age. Such services may or may not involve ...
fraudulent use of telecommunication systems

fraudulent use of telecommunication systems  

Reference type:
Overview Page
Subject:
Law
The offence, contrary to s 125 of the Communications Act 2003, of obtaining an electronic communications service (other than a programme included in a broadcasting or cable programme service provided ...
non-consensual DNA analysis

non-consensual DNA analysis  

Reference type:
Overview Page
Subject:
Law
It is an offence contrary to s 45 of the Human Tissue Act 2004 (which repealed and replaced the Human Tissue Act 1961, the Anatomy Act 1984, and the Human Organ Transplants Act 1989) for a person to ...
hacking

hacking  

Reference type:
Overview Page
Subject:
Law
N.Gaining unauthorized access to a computer system. This is currently a summary offence under the Computer Misuse Act 1990; when the Police and Justice Act 2006 (s 35 (3) comes into force the offence ...
magistrates' court

magistrates' court  

Reference type:
Overview Page
Subject:
Law
A court consisting of between two and seven magistrates or a single district judge (magistrates' court) (formerly called stipendiary magistrate) exercising the jurisdiction conferred by the ...
outraging public decency

outraging public decency  

Reference type:
Overview Page
Subject:
Law
It is an offence at common law to outrage public decency. The act must be done in a place where at least two members of the public might see it. Where the act is plainly indecent and likely to ...
causing or inciting or controlling prostitution

causing or inciting or controlling prostitution  

Reference type:
Overview Page
Subject:
Law
The offence of organizing or encouraging the sale of sexual services. For the first time, ss 48 to 50 of the Sexual Offences Act 2003 introduce specific offences relating to causing inciting or ...
committal

committal  

Reference type:
Overview Page
Subject:
Law
A pretrial proceeding held in the Magistrates' Court to determine ‘whether there is evidence of sufficient weight to support a conviction for the offence charged’ and thus send the matter ...

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