Question

Max held the salaried position of financial controller with Econ & Co., a firm of solicitors, until
he was found to have embezzled £50,000 from the firm, a theft which the firm alleges he hid
for over a year by falsifying the accounts. The firm reported Max to the police who, following
an extensive investigation, are in the process of charging him under the Theft Act 1968. Max
maintains his innocence. Which of the following most appropriately identifies what will follow
from the circumstances?

a. Max will be charged with a summary offence and will be tried in the Magistrate’s Court.
b. Max will be charged with an offence that is triable either way and will be tried in the
Magistrate’s Court.
c. Max will be charged with an offence that is triable either way and will be tried in the
Crown Court.
d. Max will be charged with an indictable offence and will be tried in the Magistrate’s
Court.

Answer 1

ans =option b

A crime which may be tried either as a summary offence or an indictable offence is called a triable offence. Such crimes include wrongdoings of deception / fraud, bigamy, theft.

In case the wrongdoing in question is triable in either manner, the magistrates' law court must decide, on getting the initial facts of the suit, whether it should be tried on indictment or summarily (for instance, because it seems to be a serious case). Although they decide that they can handle the case adequately themselves, they must provide the offender the choice of going for trial upon indictment before a panel of judges. However, there’re 3 exceptional cases.