Allocation of cases between magistrates' court and Crown Court - Factors influencing allocation decisions

Learning Outcomes

After reading this article, you will be able to explain how criminal cases are allocated between the magistrates' court and Crown Court, identify the key factors influencing allocation decisions, and apply the relevant statutory procedures and judicial guidelines to realistic SQE1-style scenarios. You will also be able to distinguish between summary, either-way, and indictable-only offences, and advise on the implications of allocation for sentencing and trial venue.

SQE1 Syllabus

For SQE1, you are required to understand the allocation of criminal cases between the magistrates' court and Crown Court, including the relevant statutory procedures and the factors influencing allocation decisions. In your revision, focus on:

• the classification of offences (summary, either-way, indictable-only) and its impact on allocation
• the plea before venue and allocation procedure for either-way offences
• the statutory criteria and judicial discretion in deciding trial venue
• the role of sentencing powers and the Sentencing Council's Allocation Guideline
• the procedure for sending cases to the Crown Court without allocation (e.g. related offences, serious/complex fraud, child witnesses)
• the practical consequences of allocation for trial and sentencing

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What are the three main classifications of criminal offences, and how does each affect the allocation of a case?
2. What is the purpose of the plea before venue and allocation hearing for either-way offences?
3. Name two key factors magistrates must consider when deciding whether to retain jurisdiction or send a case to the Crown Court.
4. In what circumstances can an either-way offence be sent to the Crown Court without an allocation hearing?
5. What is the maximum custodial sentence a magistrates' court can impose for a single either-way offence?

Introduction

When a criminal case is brought before the courts in England and Wales, the first procedural step is to determine which court will deal with the matter. The allocation of cases between the magistrates' court and the Crown Court is governed by statutory rules, judicial guidelines, and the classification of the alleged offence. This decision affects the trial process, available sentencing powers, and the defendant's rights. For SQE1, you must be able to apply the allocation procedure and identify the factors that influence whether a case remains in the magistrates' court or is sent to the Crown Court.

Classification of Offences

The starting point for allocation is the classification of the offence charged. All criminal offences fall into one of three categories:

Key Term: summary offence
An offence that can only be tried in the magistrates' court. These are the least serious offences, such as common assault or most road traffic offences.

Key Term: either-way offence
An offence that can be tried either in the magistrates' court or the Crown Court, depending on seriousness and other factors. Examples include theft and assault occasioning actual bodily harm.

Key Term: indictable-only offence
An offence that can only be tried in the Crown Court. These are the most serious offences, such as murder, rape, or robbery.

Allocation Procedure for Either-Way Offences

For either-way offences, the allocation procedure determines whether the case will be tried summarily in the magistrates' court or on indictment in the Crown Court. The process is as follows:

Plea Before Venue

At the defendant's first appearance, the charge is read and the defendant is asked to indicate a plea.

• If the defendant pleads guilty, the magistrates will consider whether their sentencing powers are sufficient. If not, the case is committed for sentence to the Crown Court.
• If the defendant pleads not guilty (or declines to indicate a plea), the court proceeds to the allocation hearing.

Key Term: committal for sentence
The process by which a magistrates' court sends a defendant to the Crown Court for sentencing after a guilty plea or conviction, if the magistrates' sentencing powers are insufficient.

Allocation Hearing

The magistrates must decide whether the case is suitable for summary trial or should be sent to the Crown Court for trial. The court will:

• hear representations from both prosecution and defence
• consider the facts of the case, the defendant's criminal record, and any aggravating or mitigating features
• apply the Sentencing Council's Allocation Guideline, which states that either-way offences should generally be tried summarily unless the court's sentencing powers are likely to be inadequate

If the magistrates accept jurisdiction, the defendant may elect trial in the Crown Court or consent to summary trial.
If the magistrates decline jurisdiction, the case is sent to the Crown Court for trial.

Key Term: Allocation Guideline
A guideline issued by the Sentencing Council directing that either-way offences should be tried summarily unless the court's sentencing powers are likely to be insufficient.

Factors Influencing Allocation Decisions

The main factors influencing allocation are:

• Seriousness of the offence: The more serious the facts or potential sentence, the more likely the case will be sent to the Crown Court.
• Complexity: Cases involving complex legal or evidential issues may be better suited to the Crown Court.
• Defendant's criminal record: A significant record may indicate higher culpability and a need for greater sentencing powers.
• Sentencing powers: The magistrates' court can impose up to 12 months' imprisonment for a single either-way offence. If this is likely to be insufficient, the case should be sent to the Crown Court.

Key Term: criminal damage (value threshold)
For criminal damage, if the value of the property damaged is £5,000 or less, the offence is treated as summary-only (unless caused by fire).

Key Term: low-value shoplifting
Theft from a shop where the value of goods does not exceed £200. Treated as a summary offence unless the defendant elects Crown Court trial.

Worked Example 1.1

A defendant is charged with theft of goods worth £150 from a shop. How is the case allocated?

Answer: This is low-value shoplifting. The case will be treated as a summary offence and heard in the magistrates' court, unless the defendant pleads not guilty and elects Crown Court trial.

Worked Example 1.2

A defendant is charged with assault occasioning actual bodily harm. The facts suggest a single punch with minor injury. The defendant has no previous convictions. What is the likely allocation?

Answer: The case is likely to be retained by the magistrates' court for summary trial, as the facts and record suggest the court's sentencing powers are sufficient.

Sending Without Allocation (Related Offences and Special Cases)

Certain cases are sent directly to the Crown Court without an allocation hearing:

Key Term: sending without allocation (related offences)
Where a defendant is charged with an indictable-only offence and a related either-way or summary offence, all related offences are sent to the Crown Court together.

• Serious or complex fraud: If the DPP certifies that the case is too serious or complex for the magistrates' court.
• Child witnesses: Where a notice is given under the Crime and Disorder Act 1998 that a child will be called as a witness and the case should be tried in the Crown Court to avoid prejudice to the child's welfare.

Defendant's Choice of Trial Venue

If the magistrates accept jurisdiction for an either-way offence, the defendant may choose trial by jury in the Crown Court or consent to summary trial. The solicitor must advise the client on the advantages and disadvantages of each venue, including:

• higher acquittal rates in the Crown Court
• greater sentencing powers in the Crown Court
• speed and informality of the magistrates' court
• costs and stress of Crown Court proceedings

Practical Consequences of Allocation

• Trial venue: Determines whether the case is heard by magistrates or by a judge and jury.
• Sentencing: If convicted in the magistrates' court, the defendant can be committed to the Crown Court for sentence if the magistrates' powers are insufficient.
• Appeals: The route of appeal differs depending on the trial venue.

Worked Example 1.3

A defendant is charged with burglary (either-way). The facts suggest a night-time break-in with violence threatened. The defendant has previous convictions for similar offences. What is the likely allocation?

Answer: The seriousness and record suggest the magistrates' sentencing powers may be insufficient. The case is likely to be sent to the Crown Court for trial.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• The classification of offences determines the allocation procedure and trial venue.
• Either-way offences require a plea before venue and allocation hearing.
• Magistrates must consider seriousness, complexity, record, and sentencing powers when deciding allocation.
• The Sentencing Council's Allocation Guideline directs summary trial unless powers are likely to be inadequate.
• Defendants may elect Crown Court trial if magistrates accept jurisdiction.
• Some cases are sent directly to the Crown Court without allocation (e.g. related offences, serious/complex fraud, child witnesses).
• The allocation decision affects trial procedure, sentencing, and appeal routes.

Key Terms and Concepts

• summary offence
• either-way offence
• indictable-only offence
• committal for sentence
• Allocation Guideline
• criminal damage (value threshold)
• low-value shoplifting
• sending without allocation (related offences)