Either-Way Offence

As CPS guidance puts it, offences which fall somewhere in between summary and indictable-only are called 'either way' offences, and the District Judge or magistrates will decide whether the case should stay in the magistrates' court or be sent to the Crown Court. Even if the magistrates decide the case is suitable to be dealt with in the magistrates' court, the defendant still has the right to elect (choose) to be tried in the Crown Court instead.

Some offences that are technically either-way are, in practice, routinely treated as summary only for allocation purposes below a value threshold: CPS legal guidance notes that criminal damage under section 1 of the Criminal Damage Act 1971 is treated as summary only where the value is less than £5,000 (except in cases involving arson or memorials), and low-value shoplifting under the Theft Act 1968 (currently no more than £200) is treated the same way, subject to the defendant's right to elect Crown Court trial.