Either-way offence

An offence that can be tried in a magistrates' court or the Crown Court, such as theft, burglary or assault causing actual bodily harm.

An either-way offence is a middle-ranking offence that can be tried either in a magistrates' court or before a judge and jury in the Crown Court. Examples include theft, most burglaries, assault occasioning actual bodily harm, fraud, possession of drugs and affray. At the first hearing you indicate a plea. If you indicate guilty, the magistrates either sentence you or send you to the Crown Court for sentence. If you indicate not guilty, the court decides where the trial should happen, a stage called allocation, and if the magistrates keep the case you can still choose (elect) trial by jury. Since 18 November 2024, magistrates can impose up to 12 months' imprisonment for a single either-way offence. The Courts and Tribunals Bill proposes removing the right to elect jury trial, but as of September 2026 it has not become law.

Checked as at 25 September 2026. General information only, not legal advice.