Solicitors Qualifying Examination (SQE) Practice Exa\

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What occurs when there is an either way offence and a summary offence based on the same facts?

They are both tried in the Crown Court
The summary offence is dismissed
Only the either way offence goes to trial
They are consolidated into one trial

The correct answer is: They are both tried in the Crown Court

When there is an either way offence and a summary offence stemming from the same facts, the correct outcome is that both offences are tried in the Crown Court, assuming the either way offence is deemed appropriate for trial at that level. In the UK legal system, an either way offence can be tried in either the Magistrates' Court or the Crown Court, depending on the complexity of the case and the severity of the offence. If an either way offence is sent to the Crown Court for trial, it follows that any related summary offence will also be included in that trial. This is due to the legal principle of ensuring judicial efficiency, as trying related offences together avoids the potential for inconsistent verdicts and reduces the burden on court resources. Other potential outcomes, such as dismissing the summary offence or only proceeding with the either way offence, do not account for the procedural steps taken when related offences exist. Consolidation into one trial is most accurate, but the phrase "both are tried" in the Crown Court encompasses that process adequately, assuming there are no reasons preventing it from occurring.