ABSTRACT
An indictable offence is tried by a jury, following the preferring of an indictment, before a judge in the High Court. Statute may nevertheless provide that some indictable offences in given circumstances may be tried summarily in the magistrates’ court. This is usually referred to as ‘triable either way’ matters. The legislation specifies a list of offences that is usually contained in a schedule to the Act in respect of which summary trial may be available. Once the offence is one listed in the relevant schedule the prosecutor or the defence, may make representations to the court as to why the offence is suitable for summary trial. The magistrate has considered the matters and forms the opinion that the case is more suitable for summary trial, he should explain his decision to the accused person. A defendant who has elected summary trial in accordance with the relevant statute may seek to withdraw his consent and opt for trial by jury.
