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...

Supplying and Offering to Supply Controlled Drugs under the Misuse of Drugs Act 1971: Offences, 'Being Concerned', Defences, Lawful Supply, Sentencing and Confiscation

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Practice notes

The offence of supplying controlled drugs

Section 4 of the Misuse of Drugs Act 1971 (MDA 1971) sets out a number of offences concerning supply. Under MDA 1971, s 4(3) it is an offence to:

provide a controlled drug to another person (MDA 1971, s 4(3)(a));
offer to provide a controlled drug to another (MDA 1971, s 4(3)(a));
be involved in the supply of a controlled drug to another (MDA 1971, s 4(3)(b));
be involved in making an offer to supply a controlled drug (MDA 1971, s 4(3)(c)).

These offences are usually Triable either way. However, where the defendant faces a third conviction for a Class A drug trafficking offence, the matter must be sent to the Crown Court, as a minimum term of seven years’ imprisonment applies; see: Sentence for supplying controlled drugs, below.

Proceedings involving supply are commonly committed to the Crown Court for trial. That said, cases of non-commercial supply—such as between friends—of a very small quantity (for example, a single small wrap or tablet) may suitably remain within the magistrates’ court’s jurisdiction.

Aggravated supply

Aggravated supply is not a distinct offence...

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Web page updated on 27/05/2026

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