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 but in the resident magistrates’ court. 1
The power of magistrates to try these indictable offences emanates wholly from statute, so it is mandatory that the statutory procedure is followed otherwise the court will be acting without jurisdiction. Even if the court breaches the set procedure with the acquiescence of the defendant, this will not validate the procedure: R v Kent JJ ex p Machin (1952) 36 Cr App R 23. In this case the defendant elected summary trial on a triable either way offence of larceny. He was told of his rights to trial by jury, and right to consent or not. He was not, however, told of his liability after trial to be committed to the Assizes for sentence under the relevant statute if the magistrate felt that his punishment powers were inadequate. 2 In holding that the court acted illegally, Lord Goddard CJ said:
In the Commonwealth Caribbean there are four instances in which indictable offences may be tried summarily. They are:
• where the offences are ‘scheduled’ or specifi ed by statute; • where the offence itself may be charged indictably or summarily; • where the offence is one in respect of which the inquiring magistrate feels that the
evidence establishes a summary offence of a ‘like kind’ and • where a juvenile (usually a person under 16) is charged with a non-capital offence.
