Triable Either Way

AuthorGeorge Belnavis
ProfessionAttorney-at-law of over 30 years practice at both the Public and Private Bar and is currently Senior Tutor II at the Norman Manley Law School, Kingston, where he has taught for nearly 20 years
144 / Criminal Practice and Procedure
There are four instances in which indictable offences may be tried
summarily. They are:
Where the offences are ‘scheduled’ or specified by statute;
Where the offence itself may be charged indictably or summarily;
Where the offence is one which the inquiring Magistrate feels that
the evidence establishes a summary offence of a ‘like kind’; and
Where a juvenile is charged with a non-capital offence.1
For purposes of this text reference will only be made to the first three.
Scheduled Offences
Antigua & Barbuda
The Magistrates Code of Procedure Act provides that where an adult is
charged with an Indictable Offence mentioned in the Act, the Magistrate
may at any time during the hearing of the case try the case summarily. The
charge is reduced into writing and read to the accused. The Magistrate
then asks the accused:
Do you desire your case to be tried by a jury or do you consent to the
case being dealt with summarily?
The Magistrate, if necessary, makes a statement explaining the meaning
of the case being dealt with summarily and one relating to trial in the
High Court. If the accused elects to be tried summarily, the Magistrate
may proceed to deal with the case summarily.2
The Bahamas
Where a person is charged with an offence mentioned in the relevant
section of the Criminal Procedure Code, the Court informs the accused
Triable Either Way

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT