Either-Way Offence in England and Wales

In England and Wales, an either-way offence, also known as a hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler, refers to a criminal offence that can be tried in either the Magistrates' Court or the Crown Court, depending on various factors.

These offences fall between summary offences tried in the Magistrates' Court and indictable offences tried in the Crown Court. The decision on whether an either-way offence should be tried in the Magistrates' Court or the Crown Court is made during an initial hearing called the mode of trial hearing. Factors considered in making this determination include:

Seriousness of the offence: The court will consider the nature and circumstances of the offence to assess its overall seriousness. The general rule is that serious offences will be tried in the Crown Court and less serious offences will be tried in the Magistrates' Court.

Sentencing powers: The court will consider the maximum penalties available for the offence. If the Magistrates' Court has sufficient sentencing powers to handle the case, it may remain there. If the offence carries higher penalties that can only be imposed by the Crown Court, the case is likely to be sent to the Crown Court.

Defendant's election: The defendant may have the right to choose whether the case is heard in the Magistrates' Court (summary trial) or the Crown Court (trial on indictment). The defendant must indicate his preference during the mode of trial hearing.

Complex legal or factual issues: If the case involves complex legal or factual matters, it may be more suitable for trial in the Crown Court.

During an either-way offence trial, if the defendant chooses a summary trial in the Magistrates' Court, the case will be heard by a magistrate or a panel of magistrates without a jury. If the defendant chooses a trial on indictment in the Crown Court, the case will be heard before a judge and jury.

However, it should be noted that the availability of an either-way offence and the specific factors considered during the mode of trial hearing may vary based on the specific legislation in place, which may specifies the type of trial.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance Here

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.