NCTJ Court Reporting Practice Exam

What defines an either-way offence?

1. An offence deciding case based solely on defendant's choice

2. An offence which can be heard in either Magistrates or Crown Court

3. An offence with varying degrees of punishment

4. An offence that is automatically dismissed

The correct answer is: An offence which can be heard in either Magistrates or Crown Court

An either-way offence is specifically defined as a criminal offence that can be tried in either the Magistrates' Court or the Crown Court. This classification allows for flexibility in the judicial process, as the severity of the crime and the discretion of the defendant (in some cases) can influence where the trial is held. When a charge is categorized as an either-way offence, it indicates that the case isn't confined to one court system. Instead, factors such as the nature of the offence, the potential punishment, and other circumstances (like the defendant's preference and the seriousness of the case) play a role in determining the appropriate court for the trial. This dual jurisdiction system helps manage court resources and provides defendants with some control over their legal proceedings. The other options, while related to criminal law, do not accurately encapsulate the definition of an either-way offence.