Quote:
Originally Posted by Derek S
If they are found guilty can the court not refer it to a higher court for sentencing?
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The offence is triable 'either way', and there's obviously going to be a trial, they're not going to quietly plead guilty that's for sure.
Either way means that the magistrates can choose to send the trial to the Crown Court. Even if the magistrates prefer to try it themselves, the defendants can choose to go to the Crown Court. And even if the trial does proceed before magistrates, in the event of a guilty verdict the magistrates can decide, if they think the fitting sentence is beyond their powers, to send it to the Crown Court for sentencing.