ABSTRACT

Every offence is either summary or indictable. In Chapter 7, the procedure relating to the trial of summary offences was discussed. In general, 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. In Jamaica the procedure is somewhat different in that such matters are tried on indictment in the resident magistrates’ court.1