Triable Either Way

• Author: George Belnavis
• Profession: Attorney-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
• Pages: 144-156

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

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Triable Either Way

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