SQE1 FLK2

## Introduction

The allocation of criminal cases between magistrates' courts and the Crown Court is governed by sections 19–20 and 22A of the Magistrates' Courts Act 1980. This procedure determines the appropriate venue for trial based on the classification of offences and statutory criteria. Understanding these allocation processes is essential for applying the principles of criminal procedure within the English legal system.

## Understanding Offence Classifications

In the criminal justice system of England and Wales, offences are classified into three main categories: summary-only, either-way, and indictable-only offences. The classification matters because it determines whether the magistrates' court has jurisdiction only, whether a venue decision must be made, or whether the case must go straight to the Crown Court.

### Summary-Only Offences

Summary-only offences can only be tried in the magistrates' court. There is no right to jury trial, and no question of allocation arises. Typical examples include most motoring offences and minor public-order matters. The case proceeds in the magistrates' court from first hearing through to trial and sentence, subject to the usual powers to commit or send related matters where statute allows.

### Either-Way Offences

Either-way offences can be tried either in the magistrates' court or the Crown Court. Common examples include theft, burglary, criminal damage, and assault occasioning actual bodily harm. At the first hearing, the court must deal first with plea before venue and then, if required, allocation. The magistrates decide whether to accept jurisdiction for summary trial; if they do, the defendant may still elect trial by jury in the Crown Court.

### Indictable-Only Offences

Indictable-only offences are the most serious crimes and must be tried in the Crown Court. Examples include murder, rape, and robbery. The magistrates' court still deals with the first appearance, bail, and other preliminary matters, but there is no allocation decision because the case must be sent to the Crown Court for trial.

## The Allocation Procedure under Sections 19–20 of the Magistrates' Courts Act 1980

When dealing with either-way offences, the court must determine where the trial should take place. Sections 19 and 20 of the Magistrates' Courts Act 1980 set out the steps for this allocation procedure.

![Allocation of criminal cases under ss 19–20 and s 22A Magistrates' Courts Act 1980, including offence classifications, venue procedure and low-value shoplifting.](https://static.pastpaperhero.com/images/sqe1-flk2-allocation-of-cases-between-magistrates-court-and-crown-court-procedure-under-ss1920-and-s22a-magistrates-courts-act-1980_00.png)

_Allocation procedure under ss 19–20 and s 22A Magistrates' Courts Act 1980, including offence categories, venue decisions and judicial considerations._

### How Does the Court Decide?

Deciding where an either-way offence should be tried involves a structured two-stage process at the first hearing. The court first invites a plea indication, and then, if necessary, considers allocation under sections 19–20 of the Magistrates' Courts Act 1980.

#### The Steps Involved

1. **Plea before venue**: The defendant is invited to indicate whether they plead guilty or not guilty.
   - **Guilty indication**: the magistrates may proceed to sentence if their powers are sufficient. If the case is too serious for their sentencing powers, they deal with the matter in the Crown Court for sentence.
   - **Not guilty or no indication**: the court proceeds to allocation.

2. **Stage 1: the magistrates' decision on jurisdiction**:
   - The prosecution outlines the case and any aggravating features.
   - The defence may make representations for summary trial or trial on indictment.
   - The magistrates consider the case on the prosecution version at its highest, asking whether the matter is suitable for summary trial and whether their current powers are sufficient. In modern practice, that includes the possibility of a custodial sentence of up to 12 months for a single triable either-way offence, so the question is no longer framed simply by a six-month maximum.

3. **Stage 2: defendant's election**:
   - If the magistrates accept jurisdiction, the defendant chooses between summary trial and trial on indictment.
   - If the magistrates decline jurisdiction, the case goes to the Crown Court without any election.

This sequencing matters in practice. A defence solicitor should distinguish clearly between advising on plea before venue and advising on venue election: a client may wish to contest the charge but still prefer summary trial, or may prefer a jury because of factual complexity, credibility issues, or likely sentence if convicted.

### Practical Example

Consider a defendant charged with theft involving property worth £7,000. If the defendant does not indicate a guilty plea, the magistrates will hear brief representations, consider the prosecution case at its highest, and decide whether summary trial is suitable. If they accept jurisdiction, the defendant must then choose whether to stay in the magistrates' court or elect the Crown Court.

## The Importance of Judicial Discretion in Allocation

Judicial discretion plays a key role in ensuring that cases are tried in the appropriate court. Magistrates and judges must weigh various factors to make this decision.

### Factors Influencing the Decision

1. **Adequacy of sentencing powers**: the magistrates ask whether their current powers are sufficient if the prosecution case is proved. This is a central allocation question.
2. **Nature and seriousness of the facts alleged**: value, injury, planning, persistence, breach of trust, group offending, and offending in the presence of aggravating features may point away from summary trial.
3. **Complexity**: difficult law, extensive evidence, multiple defendants, or a case requiring fuller case management may make the Crown Court more appropriate.
4. **Defendant's previous convictions**: a poor record may increase likely sentence and affect whether magistrates' powers are adequate.
5. **Trial advantages and disadvantages**: the defence solicitor should consider speed, cost, publicity, sentencing exposure, and whether a jury or magistrates are strategically preferable.

### Balancing Efficiency and Justice

The general approach is that an either-way case should be tried summarily unless there is a good reason to send it to the Crown Court. That reflects efficiency, but the defendant's entitlement to a fair procedure remains central. A defence solicitor should therefore advise not only on legal venue rules, but also on practical consequences: sentencing powers, case delay, disclosure burdens, likely trial length, and the impact of jury trial on the way the defence will be presented.

### Example Case

Suppose a defendant is charged with fraud involving £50,000 and a significant paper trail. The magistrates may conclude that the case is too serious or complex for summary trial and decline jurisdiction, in which case the matter will proceed in the Crown Court.

## Special Provisions for Low-Value Shoplifting: Section 22A

Section 22A of the Magistrates' Courts Act 1980 addresses the handling of low-value shoplifting cases.

### What is Low-Value Shoplifting?

Low-value shoplifting means shop theft where the value of the goods does not exceed £200. Section 22A creates a special allocation rule intended to keep straightforward low-value shoplifting cases in the magistrates' court unless the defendant chooses otherwise.

### How Are These Cases Handled?

- **Tried summarily by default**: the case starts on the footing that it will be heard in the magistrates' court.
- **Defendant's right to elect remains**: the defendant must still be given the opportunity to choose Crown Court trial.
- **The prosecution case still matters**: associated allegations, linked offences, or seriousness beyond the low-value theft itself may affect how the case ultimately proceeds.
- **The provision is procedural, not a change to the offence**: it does not convert theft into a different offence; it changes the default venue route.

### Example Scenario

Picture someone is accused of stealing groceries worth £150 from a supermarket. The case will ordinarily remain in the magistrates' court, but the defendant must still be given the opportunity to elect trial in the Crown Court.

## Conclusion

Allocation is not a single yes-or-no venue choice. In either-way cases, the court moves through plea before venue, the magistrates' jurisdiction decision, and, if jurisdiction is accepted, the defendant's election. Effective advice depends on understanding each step separately, the adequacy of magistrates' powers, and the strategic implications of summary trial versus jury trial. Section 22A then adds a special summary-first route for low-value shoplifting, while preserving the defendant's right to elect trial in the Crown Court.


Procedure under ss.19–20 and s.22A Magistrates' Courts Act 1980