First hearings before the magistrates' court - Advising the client on trial venue

Learning Outcomes

After studying this article, you will be able to advise a client on trial venue at their first magistrates’ court hearing. You will understand the classification of offences, the plea before venue and allocation process, the factors influencing venue choice, and your professional obligations when advising on venue. You will be able to identify the key legal rules and apply them to realistic SQE1-style scenarios.

SQE1 Syllabus

For SQE1, you are required to understand the procedures and considerations for advising a client on trial venue at their first appearance before the magistrates’ court. Focus your revision on:

  • the classification of criminal offences and how this determines trial venue
  • the plea before venue (PBV) and allocation hearing process for either-way offences
  • the defendant’s right to elect trial venue where applicable
  • the factors to consider when advising a client on venue, including sentencing powers, procedure, and practical implications
  • the solicitor’s professional and ethical duties when advising on venue

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 trial venue?
  2. What is the purpose of the plea before venue (PBV) hearing for either-way offences?
  3. In what circumstances does a defendant have a choice of trial venue?
  4. List three key factors you should discuss with a client when advising them on whether to elect Crown Court or magistrates’ court trial.

Introduction

When a client appears for the first time before the magistrates’ court, one of the most important early decisions is the choice of trial venue. The venue determines not only the procedure and who decides guilt, but also the potential sentencing powers and the overall experience of the criminal process. As a solicitor, you must be able to explain the relevant legal rules, guide your client through the process, and advise them on the best option for their circumstances.

Classification of Offences and Venue

The classification of the offence charged is the starting point for determining trial venue.

Key Term: summary offence A criminal offence that can only be tried in the magistrates’ court.

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

Key Term: indictable-only offence An offence that can only be tried in the Crown Court.

For summary offences, the case will always remain in the magistrates’ court. Indictable-only offences must be sent directly to the Crown Court. For either-way offences, the venue is determined by a combination of the plea before venue (PBV), the allocation hearing, and, in some cases, the defendant’s election.

Plea Before Venue and Allocation

For either-way offences, the first hearing involves two key stages: the plea before venue (PBV) and the allocation hearing.

Key Term: plea before venue (PBV) The process where a defendant is asked to indicate whether they would plead guilty or not guilty to an either-way offence.

Key Term: allocation hearing The hearing at which the magistrates decide whether an either-way offence is suitable for summary trial or should be sent to the Crown Court.

If the defendant indicates a guilty plea, the magistrates will sentence if their powers are sufficient, or commit the case to the Crown Court for sentence if not. If the defendant indicates a not guilty plea (or declines to indicate), the allocation hearing follows.

At the allocation hearing, the magistrates consider the seriousness and complexity of the case, their sentencing powers, and any representations from the prosecution and defence. If the magistrates accept jurisdiction, the defendant is given the choice to consent to summary trial or elect Crown Court trial. If the magistrates decline jurisdiction, the case is sent to the Crown Court for trial.

Worked Example 1.1

Scenario:
A client is charged with theft (an either-way offence). At the PBV, they indicate a not guilty plea. The magistrates consider the case suitable for summary trial. What happens next?

Answer:
The magistrates explain the case is suitable for summary trial. The client is asked whether they consent to summary trial or wish to be tried in the Crown Court. The client can choose the venue.

Factors to Consider When Advising on Venue

When a client has a choice of venue, you must advise them on the key differences and practical implications.

  • Sentencing Powers: The magistrates’ court has limited sentencing powers (generally up to 12 months’ imprisonment for two either-way offences, or 6 months for a single offence). The Crown Court can impose higher sentences.
  • Speed and Procedure: Magistrates’ court trials are usually quicker and less formal. Crown Court trials involve a judge and jury, are more formal, and may take longer to reach trial.
  • Likelihood of Conviction: Statistically, acquittal rates are higher in the Crown Court, but this must be weighed against the risk of a higher sentence if convicted.
  • Stress and Publicity: Crown Court trials can be more intimidating and may attract more publicity.
  • Costs and Appeal: Costs may be higher in the Crown Court, and the appeal routes differ.

Worked Example 1.2

Scenario:
Your client is charged with assault occasioning actual bodily harm (an either-way offence). They have no previous convictions. The alleged facts are straightforward. Should you advise them to elect Crown Court trial?

Answer:
If the case is suitable for summary trial, and the client has no previous convictions and the facts are simple, summary trial may be preferable due to limited sentencing powers, speed, and reduced stress. However, you should discuss all factors and respect the client’s decision.

Professional and Ethical Duties

When advising on venue, you must act in your client’s best interests, provide clear and accurate information, and avoid misleading the court. If your client admits guilt to you but wishes to plead not guilty, you may continue to act provided you do not mislead the court or advance a positive defence you know to be false.

Exam Warning

If a client insists on giving evidence you know to be false, you must withdraw from the case and inform the court only that you are doing so for professional reasons.

Summary Table: Venue Determination for Offence Types

Offence TypeVenueDefendant’s Choice?
SummaryMagistrates’ court onlyNo
Either-wayMagistrates’ or Crown CourtSometimes (if suitable)
Indictable-onlyCrown Court onlyNo

Key Point Checklist

This article has covered the following key knowledge points:

  • The classification of offences (summary, either-way, indictable-only) determines trial venue.
  • For either-way offences, the PBV and allocation hearing decide venue; the defendant may have a choice if the magistrates accept jurisdiction.
  • Key factors in advising on venue include sentencing powers, speed, procedure, likelihood of conviction, and client preference.
  • The solicitor must provide clear, accurate, and impartial advice, and must not mislead the court.
  • If the client admits guilt but pleads not guilty, you may act provided you do not advance a positive defence you know to be false.

Key Terms and Concepts

  • summary offence
  • either-way offence
  • indictable-only offence
  • plea before venue (PBV)
  • allocation hearing
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Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

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Senior Associate at Trilegal