Allocation of cases between magistrates' court and Crown Court - Procedure under ss.19–20 and s.22A Magistrates' Courts Act 1980

Learning Outcomes

After reading this article, you will be able to explain and apply the rules for allocating either-way offences between the magistrates' court and Crown Court under ss.19–20 and s.22A Magistrates' Courts Act 1980. You will understand the plea before venue process, the allocation hearing, the defendant's right to elect jury trial, and the special rules for low-value shoplifting. You will be able to advise clients on the practical and legal implications of allocation and identify common pitfalls for SQE1.

SQE1 Syllabus

For SQE1, you are required to understand the allocation of criminal cases between the magistrates' court and Crown Court, especially for either-way offences. This article covers:

• the procedure for plea before venue and allocation hearings for either-way offences
• the statutory rules under ss.19–20 and s.22A Magistrates' Courts Act 1980
• the defendant's right to elect jury trial and the court's power to decline jurisdiction
• the special summary-only procedure for low-value shoplifting under s.22A
• practical considerations when advising clients on trial venue and allocation

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 is the first step when an adult is charged with an either-way offence in the magistrates' court?
2. Which factors must magistrates consider when deciding whether to accept jurisdiction for an either-way offence?
3. True or false? For low-value shoplifting (goods under £200), the defendant can always elect jury trial in the Crown Court.
4. What is the effect if the magistrates decline jurisdiction for an either-way offence?

Introduction

When an adult is charged with an either-way offence, the case begins in the magistrates' court. The court must decide whether the case will be tried summarily or sent to the Crown Court for trial. This process is governed by ss.19–20 and s.22A of the Magistrates' Courts Act 1980. The allocation procedure ensures that less serious cases are dealt with quickly in the magistrates' court, while more serious or complex cases, or those where the defendant elects jury trial, are sent to the Crown Court.

Key Term: either-way offence
An offence that can be tried either in the magistrates' court or in the Crown Court, depending on the seriousness and other factors.

Plea Before Venue

The first step is the plea before venue hearing. The charge is read to the defendant, who is asked to indicate whether they would plead guilty or not guilty if the matter were to proceed to trial. The defendant is not required to indicate a plea, but if they do, the next steps depend on their response.

If the defendant indicates a guilty plea, the magistrates will proceed to sentence or, if their sentencing powers are insufficient, commit the defendant to the Crown Court for sentence.

If the defendant indicates a not guilty plea or does not indicate a plea, the court must hold an allocation hearing to decide the appropriate venue for trial.

Key Term: plea before venue
The process where the defendant is asked to indicate a plea to an either-way offence before the court decides on allocation.

Allocation Hearing (ss.19–20 MCA 1980)

At the allocation hearing, the magistrates must decide whether the case is suitable for summary trial or should be sent to the Crown Court. The court must consider:

• the facts of the case and any representations from the prosecution and defence
• the adequacy of the magistrates' sentencing powers
• the Allocation Guideline issued by the Sentencing Council

The prosecution will inform the court of the facts and the defendant's previous convictions (if any). Both sides may make submissions on venue. The magistrates must consider whether their sentencing powers are sufficient, taking into account the seriousness of the offence, aggravating and mitigating factors, and the defendant's record.

If the magistrates decide the case is suitable for summary trial, the defendant is given a choice: consent to summary trial or elect trial on indictment in the Crown Court. If the magistrates decline jurisdiction, the case is sent to the Crown Court for trial and the defendant has no choice.

Key Term: allocation hearing
The hearing where the magistrates decide whether to retain jurisdiction for an either-way offence or send the case to the Crown Court.

Defendant's Election

If the magistrates accept jurisdiction, the defendant can choose to be tried summarily or elect trial by jury in the Crown Court. The court must explain the consequences of each choice, including the possibility of committal for sentence if convicted in the magistrates' court.

Key Term: defendant's election
The defendant's right to choose jury trial in the Crown Court for an either-way offence if the magistrates accept jurisdiction.

Worked Example 1.1

A defendant is charged with theft (an either-way offence). The magistrates accept jurisdiction, but the defendant elects trial on indictment. What happens next?

Answer:
The case is sent to the Crown Court for trial. The defendant will be tried by a judge and jury, regardless of the magistrates' view.

Low-Value Shoplifting – s.22A MCA 1980

For shoplifting offences where the value of the goods does not exceed £200, s.22A provides a special summary-only procedure. The case is treated as a summary offence, but if the defendant pleads not guilty, they retain the right to elect jury trial in the Crown Court. If the defendant pleads guilty, the magistrates must deal with the case and cannot commit for sentence.

Key Term: low-value shoplifting
Shop theft where the value of the goods does not exceed £200, subject to special summary-only rules under s.22A.

Key Term: summary-only offence
An offence that can only be tried in the magistrates' court and not in the Crown Court.

Worked Example 1.2

A defendant is charged with shoplifting £150 of goods. She pleads guilty. Can the magistrates commit her to the Crown Court for sentence?

Answer:
No. For low-value shoplifting, if the defendant pleads guilty, the magistrates must sentence and cannot commit to the Crown Court.

Special Cases and Related Offences

If the defendant is jointly charged with another defendant who elects jury trial, or with a related indictable-only offence, all charges may be sent to the Crown Court together. The court may also send related either-way offences to the Crown Court without allocation in certain circumstances.

Exam Warning

If the magistrates decline jurisdiction, the defendant has no right to insist on summary trial. The case must be sent to the Crown Court.

Revision Tip

When advising clients, always check the likely sentence using the Sentencing Guidelines and consider the pros and cons of each venue, including speed, cost, and likelihood of conviction.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• The plea before venue and allocation hearing are required for all either-way offences.
• Magistrates must consider the seriousness of the offence, sentencing powers, and representations from both sides.
• If the magistrates accept jurisdiction, the defendant can choose summary trial or jury trial in the Crown Court.
• If the magistrates decline jurisdiction, the case is sent to the Crown Court for trial with no defendant choice.
• Low-value shoplifting (goods under £200) is treated as a summary-only offence, but the defendant can elect jury trial if pleading not guilty.
• Special rules apply for related offences and co-defendants.

Key Terms and Concepts

• either-way offence
• plea before venue
• allocation hearing
• defendant's election
• low-value shoplifting
• summary-only offence