Ahybrid offence,dual offence,Crown option offence,dual procedure offence,offence triable either way, orwobbler is one of the special class offences in thecommon law jurisdictions where the case may be prosecuted eithersummarily or onindictment. In theUnited States, an alternative misdemeanor/felony offense (colloquially known as awobbler) lists bothcounty jail (misdemeanor sentence) andstate prison (felony sentence) as possible punishment, for example, fortheft.

The power to choose under which class a hybrid offence will be tried rests with thecrown counsel. Hybrid offences can either besummary offences (minor crimes) orindictable offences (major crimes).^[1] For most indictable offences, a person has the right totrial by jury.

A hybrid offence is the most common type of charge in Canada. There are three types of charges and each will affect when one can apply for a Record Suspension.

Under theCriminal Records Act, Section 2.1,^[2] theParole Board of Canada is the administrative tribunal that has the exclusive authority to make decisions regarding Record Suspensions. A Record Suspension is a formal means to remove the disadvantages associated with having a Criminal Record for people that have been convicted of a criminal offence. In order to apply for a Record Suspension an individual must complete an application that is later reviewed by the Board and a decision to grant, or deny the application is made by an officer.^[3] Under Section 7, the Parole Board of Canada also has the ability to revoke granted Record Suspensions if there is a breach in good conduct on the part of the applicant or if a person reoffends and commits an indictable offence and even in some cases a summary offence.^[4]

When an enactment in the United Kingdom creates an offence, it generally specifies what penalties applyon summary conviction oron conviction on indictment. In relation toEngland and Wales, the first expression refers to a trial in amagistrates' court without a jury before a district judge or a panel ofmagistrates, while the latter refers to a trial in theCrown Court byjury. Some offences allow either mode of trial, and as such theInterpretation Act 1978 defines the expressiontriable either way to describe an offence which, if committed by an adult, is triable either on indictment or summarily. By contrast asummary offence is one that isnot defined as triable on indictment (cannot normally be tried in the Crown Court), whereasindictable offence includes an either way offence.

In some cases an offence may be triable only summarily because the amount of money at issue is small (section 22 of theMagistrates' Courts Act 1980), or an offence that can normally be tried only summarily may nonetheless be tried on indictment along with other offences that are themselves indictable (Part V of theCriminal Justice Act 1988); these circumstances do not affect whether an offence is described assummary,indictable, oreither way.^[5] Offences committed by offenders under 18 are usually tried in theYouth Court, which has different procedures.

When a person is charged with an either-way offence, the decision as to which court will hear the case is determined at a Mode of Trial hearing before a magistrates' court. The court decides if the case is suitable to be heard in a magistrates' court. If they decide that the case is either too serious or too complex, or another offence is being charged which is triable only on indictment, they can send the case to the Crown Court, in which case the defendant has no say in the matter. If the magistrates decide that the case is suitable to be heard by the magistrates, then the defendant is asked for consent to do so. The defendant can then either consent to be tried summarily (though likely in a different hearing on a later date) or opt for trial by jury at theCrown Court, provided that they have pleaded not guilty. If they have pleaded guilty then they have no say in the matter – thus there is no way for a defendant toagree to plead guilty in exchange for having a case dealt with by magistrates. A defendant can, however, ask for an indication as to whether the magistrates would be minded to impose a custodial sentence were they to plead guilty at that point.

Magistrates' courts have limited powers of sentencing; for example, they may not impose a sentence of imprisonment longer than twelve months.^[6] If the defendant is tried summarily in a magistrates' court and is convicted, there may still be a committal to the Crown Court for sentencing if the magistrates think that their sentencing powers are inadequate. Thus it is not possible for a defendant to avoid the harsher sentences available in the Crown Court simply by accepting a summary trial.

A number of either-way offences have special treatment; these include:

• Shoplifting contrary to section 1 of theTheft Act 1968, where the goods stolen were valued less than £200 – the Magistrates' Court cannot send the defendant for trial to the Crown Court of its own volition, but must do so if the defendant so elects.^[7]
• Burglary contrary to section 9 of the Theft Act 1968, where:^[8]
  • an indictable-only offence was committed, or intended to be committed during the burglary;
  • the burglary was at a dwelling and a person in the dwelling was subjected to violence or the threat of violence; or
  • the defendant has two or more previous convictions for domestic burglary.

The expression "hybrid offence" was applicable to an offence triable either on indictment or summarily. It was applicable to offences to which section 18 of theMagistrates' Courts Act 1952 applied.^[9]

See sections 14(c) and 64 of theCriminal Law Act 1977.

InScots law, all common law offences other than those within the exclusive jurisdiction of theHigh Court of Justiciary (i.e.murder,treason,rape and breach of duty by magistrates)^[10] can be tried either summarily in thejustice of the peace courts orSheriff Courts, or on indictment (also referred to as solemn procedure) in the High Court of Justiciary or Sheriff Court. For statutory offences, the statute will provide whether the offence is triable summarily, on indictment, or both.

The choice of forum is a matter for theLord Advocate andprocurator fiscal, and is determined in a process known as marking.

InU.S. states in which these offenses occur, the prosecuting attorney has discretion in deciding which category to charge the defendant. Prosecutors may strategically file such offenses as felonies, agreeing to refile the charge as a misdemeanor should the defendant consent to a guilty plea.

After hearing evidence at apreliminary hearing, the judge or magistrate has discretion to reduce a felony wobbler to a misdemeanor charge; the opposite is not permitted.

Injuvenile court, after a minor is declared to be delinquent following a bench trial or open plea, the judge may classify a wobbler felony as a misdemeanor instead.

In California, one example of a wobbler offense is grand theft (PC487).^[11] In this case, the judge has the power to reduce a felony charge of this type to a misdemeanor during various stages of the proceeding, including the preliminary hearing all the way until after a defendant completes probation.^[12]

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