NCTJ Court Reporting Practice Exam

What does the term 'either-way offence' refer to?

1. Crimes that are exclusively tried in higher courts

2. Crimes that can be tried in either magistrates' or Crown Court

3. Non-criminal offences that require mediation

4. Violent crimes that are always felonies

The correct answer is: Crimes that can be tried in either magistrates' or Crown Court

The term 'either-way offence' refers specifically to crimes that can be tried in either magistrates' courts or Crown Court, making that choice the most accurate definition. This flexibility allows for a range of offences, typically those that are of moderate severity, to be heard in a venue that is either more informal (the magistrates' court) or a more formal setting (the Crown Court), depending on factors such as the seriousness of the case and the preference of the defendant. The operational efficiency of the legal system is enhanced by this classification, as it allows for a more appropriate distribution of cases based on their complexities. Being able to choose between courts also gives the defendant a chance to have the case heard in a setting they might perceive as more lenient or protective of their rights. In contrast, crimes exclusively tried in higher courts, non-criminal offences requiring mediation, and violent crimes that are categorized as felonies do not accurately encompass the scope or definition of 'either-way offences.' Each of those categories pertains to specific legal parameters that do not align with the flexibility afforded by the either-way classification.