Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Triable either way definition

What does Triable either way mean? In practice, this describes a criminal offence that can be heard either in the magistrates’ court (summary trial) or in the Crown Court (trial on indictment). In England and Wales, “either‑way offence” is a statutory category in the Magistrates’ Courts Act 1980. After plea before venue comes allocation (mode of trial): magistrates assess suitability for summary trial by the allocation guidelines and their sentencing powers. If they accept jurisdiction, the defendant may elect Crown Court jury trial; if they decline, the case is sent to the Crown Court. Typical examples include theft and assault occasioning actual bodily harm. Venue choice...

Production of a Controlled Drug: Elements, ‘Being Concerned’, Defences and Sentencing under the Misuse of Drugs Act 1971 (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

Elements of the offence of production of a controlled drug

It is an offence to:

be involved
in the production
of a controlled drug

This either-way offence can therefore be handled in either the magistrates’ or Crown Courts.

The meaning of 'being concerned' in the production of a controlled drug

Case law confirms that, to secure a conviction, the Crown must demonstrate the defendant assumed an identifiable role in the drug’s production (R v Farr). The leading Authority on this issue is Farr. The defendant permitted two people to use his kitchen to produce heroin; there was no prior arrangement. The Court of Appeal quashed the conviction, ruling that there must be identifiable participation in the process of producing a controlled drug; on these facts, only passive presence was proved. The proper allegation in those circumstances would have been under section 8 of the Misuse of Drugs Act 1971 (MDA 1971), allowing premises to be used for the drug’s production. A case charged as an agreement...

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Alex McHugh

Pump Court Chambers

Alex McHugh joined Pump Court Chambers following successful completion of his pupillage. His key areas of practice are criminal defence, family, and landlord & tenant disputes. Prior to joining Chambers, Alex worked as a paralegal for a number of years at a Legal 500 firm in London. Two of those years were spent in crime under the stewardship of extremely experienced senior partners. Alex helped manage cases from beginning to end and represented all manner of clients in respect of a full range of alleged offences. As counsel, Alex defends his clients throughout every stage of proceedings. Alex accepts private and, where applicable, publicly funded briefs on road traffic offences, and has experience in representing clients in relation to speeding, drinking driving, “totting up”, and causing injury by dangerous driving offences. Alex predominantly works across the Western Circuit, London, and the South East. ...

Web page updated on 21/05/2026

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