Section 64 Meaning of “indictable offence”, “summary offence” and “offence triable either way” in England and Wales.

England and Wales

C1(1)

In this Act . . . F1—

(a)

“indictable offence” means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way;

(b)

“summary offence” means an offence which, if committed by an adult, is triable only summarily;

(c)

“offence triable either way” means an offence which, if committed by an adult, is triable either on indictment or summarily;

and the terms “indictable”, “summary” and “triable either way”, in their application to offences, shall be construed accordingly.

(2)

In the definitions in subsection (1) above references to the way or ways in which an offence is triable are to be construed without regard to the effect, if any, of F2section 22 of the Magistrates’ Courts Act 1980 (cases where value involved is small) on the mode of trial.

Annotations

Textual amendments

F1: Words repealed by Interpretation Act 1978 (c. 30), Sch. 3
F2: Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 152

Modifications

C1: S. 64(1) extended (N.I.) by Finance Act 1983 (c. 28), Sch. 9 para. 1(1)