Allocation of cases between magistrates' court and Crown Court - Sending cases without allocation (s.50A Crime and Disorder Act 1998)

Learning Outcomes

This article outlines the procedure for sending defendants charged with certain offences directly to the Crown Court from the magistrates' court without an allocation hearing. For the SQE1 assessments, you will need to understand the circumstances under which s.50A of the Crime and Disorder Act 1998 applies, specifically in relation to indictable-only offences, related either-way or summary offences, serious or complex fraud cases, and certain cases involving child witnesses. Your understanding will enable you to identify the correct procedure in SQE1-style single best answer questions.

SQE1 Syllabus

For SQE1, you are required to understand the practical implications of the rules governing the allocation of criminal cases between the magistrates' court and the Crown Court. This includes knowing when the standard allocation procedure for either-way offences does not apply, leading to a case being sent directly to the Crown Court.

As you work through this article, remember to pay particular attention in your revision to:

• the procedure under s.51 Crime and Disorder Act 1998 for sending indictable-only offences to the Crown Court
• the circumstances where either-way or summary offences are sent with indictable-only offences under s.50A Crime and Disorder Act 1998
• the specific notice procedures under ss.51B and 51C Crime and Disorder Act 1998 relating to serious fraud and child witnesses
• the meaning of 'related offence' in this context.

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. Which court deals with the first hearing for all criminal offences?
   1. Crown Court
   2. Magistrates' Court
   3. High Court
   4. County Court
2. Under what section of the Crime and Disorder Act 1998 are indictable-only offences sent to the Crown Court?
   1. s.50A
   2. s.51
   3. s.51B
   4. s.51C
3. In which of the following situations MUST an either-way offence be sent to the Crown Court without an allocation hearing?
   1. Where the defendant indicates a guilty plea.
   2. Where the magistrates consider their sentencing powers insufficient.
   3. Where the offence is related to an indictable-only offence with which the defendant is also charged and appears for on the same occasion.
   4. Where the defendant elects trial in the Crown Court.

Introduction

As discussed previously, all criminal cases commence in the magistrates' court. For either-way offences, where the defendant indicates a not guilty plea, the magistrates undertake an allocation hearing to determine whether the case should be tried summarily or sent to the Crown Court for trial on indictment. However, this allocation procedure does not apply in all circumstances. Section 50A of the Crime and Disorder Act 1998 ('CDA 1998') identifies specific situations where either-way (and sometimes summary) offences must or may be sent directly to the Crown Court without the need for allocation proceedings. This ensures that serious or complex cases, or those linked to very serious matters, proceed quickly to the appropriate higher court.

Sending Cases Directly to Crown Court (s.50A CDA 1998)

The primary mechanism for sending indictable-only offences (like murder or robbery) to the Crown Court is found in s.51 CDA 1998. When an adult defendant appears before the magistrates' court charged with such an offence, the magistrates must send the case immediately to the Crown Court for trial. There is no consideration of plea or allocation.

Section 50A CDA 1998 builds upon this by outlining when other offences (either-way or summary) should be sent to the Crown Court alongside an indictable-only offence, or in other specific circumstances, bypassing the normal allocation hearing for either-way matters.

Key Term: Sending
The procedure by which a magistrates' court transfers a case involving an indictable-only offence, or certain either-way offences specified by statute, to the Crown Court for trial or sentence. Distinct from 'committing' for sentence after a summary trial or guilty plea.

Key Term: Allocation
The process undertaken in the magistrates' court for an either-way offence where the defendant indicates a not guilty plea. The court decides whether the case is suitable for summary trial or if it should be sent to the Crown Court, considering factors like seriousness and sentencing powers. If the magistrates accept jurisdiction, the defendant then chooses the trial venue.

Notices Triggering Direct Sending

Section 50A(2) CDA 1998 states that an either-way offence must be sent directly to the Crown Court without allocation if a notice is given under either s.51B or s.51C CDA 1998.

Notices in Serious or Complex Fraud Cases (s.51B CDA 1998)

A notice under s.51B can be given by a 'designated authority' (such as the Director of Public Prosecutions (DPP) or the Director of the Serious Fraud Office) if they believe the evidence reveals a case of fraud of such seriousness or complexity that it should be managed immediately by the Crown Court. If such a notice is given, the magistrates' court must send the either-way fraud case directly to the Crown Court.

Notices in Certain Cases Involving Child Witnesses (s.51C CDA 1998)

A notice under s.51C can be given by the DPP (or someone delegated, like a Crown Prosecutor) if they believe a child witness is involved in certain specified serious offences (including certain sexual or violent offences listed in the Act) and that sending the case directly to the Crown Court is necessary to avoid prejudice to the child's welfare. Again, if such a notice is given, the magistrates must send the either-way case straight to the Crown Court.

Related Offences (s.50A(3) CDA 1998)

Section 50A(3) deals with situations where a defendant faces multiple charges, including an indictable-only offence (or one subject to a s.51B/s.51C notice) and other either-way or summary offences.

Key Term: Related Offence
An either-way or summary offence is 'related' to an indictable-only offence if the charge could be joined in the same indictment (either-way) or if it arises out of the same or connected circumstances and is punishable with imprisonment or involves disqualification from driving (summary).

Defendant Charged with Related Offences on the Same Occasion

If a defendant appears before the magistrates charged with an indictable-only offence (or one subject to a s.51B/C notice) AND one or more related either-way or summary offences on the same occasion, the magistrates must send all the related offences to the Crown Court along with the indictable-only offence (s.50A(3)(a)). No allocation hearing takes place for the either-way offences.

Defendant Charged with Related Offences on a Subsequent Occasion

If the defendant has already been sent to the Crown Court for the indictable-only offence (or s.51B/C offence) and later appears before the magistrates charged with a related either-way or summary offence, the magistrates may send the related offence(s) to the Crown Court (s.50A(3)(b)). This is discretionary.

Co-Defendant Charged with Related Offence

Similarly, if Defendant A is sent to the Crown Court for an indictable-only offence (or s.51B/C offence), and Defendant B appears (either at the same time or later) charged jointly with Defendant A on a related either-way offence, or charged with a related either-way offence that could be joined on the same indictment, the magistrates must (if they appear together) or may (if they appear later) send Defendant B to the Crown Court for the related either-way offence without allocation (s.51A(3)(d) as applied by s.50A(1)(b)).

Worked Example 1.1

Dev is charged with robbery (indictable-only) and theft (either-way). Both charges arise from the same incident where Dev allegedly threatened a shopkeeper with a knife (robbery) and also stole items from the counter (theft). Dev appears at the magistrates' court for the first hearing.

What procedure will the court follow regarding the theft charge?

Answer: Robbery is an indictable-only offence, so it must be sent to the Crown Court under s.51 CDA 1998. The theft charge is an either-way offence. As it arises from the same incident as the robbery, it is a 'related offence'. Because Dev is appearing charged with both the indictable-only offence and the related either-way offence on the same occasion, the magistrates must also send the theft charge to the Crown Court under s.50A(3)(a) CDA 1998. There will be no allocation hearing for the theft charge.

Exam Warning

Be careful to distinguish between the mandatory sending of related offences under s.50A(3)(a) (when the defendant appears on all charges simultaneously) and the discretionary sending under s.50A(3)(b) (when the defendant appears later on the related charge). Also, remember that summary offences can only be sent if they are related and punishable by imprisonment or involve disqualification.

Key Point Checklist

This article has covered the following key knowledge points:

• Section 51 CDA 1998 mandates that indictable-only offences must be sent directly from the magistrates' court to the Crown Court.
• Section 50A CDA 1998 provides exceptions to the standard allocation procedure for either-way offences.
• Cases involving serious or complex fraud (s.51B notice) or certain child witnesses (s.51C notice) must be sent directly to the Crown Court without allocation.
• Either-way or summary offences that are 'related' to an indictable-only offence (or s.51B/C offence) must also be sent to the Crown Court if the defendant appears charged with all offences on the same occasion.
• If a defendant appears later charged with a related offence, the magistrates have a discretion to send that offence to the Crown Court.
• Understanding the definition of a 'related offence' is essential for applying s.50A correctly.

Key Terms and Concepts

• Sending
• Allocation
• Related Offence