First hearings before the magistrates' court - Plea before venue procedure

Learning Outcomes

After reading this article, you will be able to explain the plea before venue procedure for either-way offences in magistrates' courts, including the steps of plea indication, allocation, and defendant's election. You will understand the legal framework, the factors affecting venue decisions, and the strategic considerations for both prosecution and defence. You will be able to apply these rules to SQE1-style scenarios and avoid common pitfalls.

SQE1 Syllabus

For SQE1, you are required to understand the plea before venue procedure and its practical implications for either-way offences. Focus your revision on:

  • the classification of offences and their impact on court procedure
  • the steps of the plea before venue process for either-way offences
  • the allocation decision and the role of the Sentencing Council's Allocation Guideline
  • the defendant's right to elect trial venue
  • the legal and practical consequences of venue decisions

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 in the plea before venue procedure for an either-way offence?
  2. If a defendant indicates a guilty plea to an either-way offence, what must the magistrates consider next?
  3. Name two factors magistrates must consider when deciding whether to accept jurisdiction for summary trial.
  4. True or false? If the magistrates accept jurisdiction, the defendant must be tried in the magistrates' court.

Introduction

When an adult defendant is charged with an either-way offence, their first appearance is before the magistrates' court. The plea before venue procedure determines whether the case will be tried summarily in the magistrates' court or sent to the Crown Court for trial. This process is governed by the Magistrates' Courts Act 1980 and the Criminal Procedure Rules.

Understanding this procedure is essential for SQE1, as it affects the defendant's rights, the court's powers, and the overall conduct of the case.

Classification of Offences

Criminal offences are classified as:

  • Summary only: tried only in the magistrates' court (e.g. common assault, most road traffic offences)
  • Either-way: can be tried in either the magistrates' court or the Crown Court (e.g. theft, assault occasioning actual bodily harm)
  • Indictable only: must be tried in the Crown Court (e.g. murder, robbery)

The plea before venue procedure applies only to either-way offences.

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

The Plea Before Venue Procedure: Step-by-Step

The procedure for an either-way offence is as follows:

  1. Charge is read out: The defendant appears before the magistrates' court and the charge is formally presented.
  2. Plea indication: The court asks the defendant to indicate whether they would plead guilty or not guilty if the matter were to proceed to trial.
    • If the defendant indicates a guilty plea, the magistrates proceed to consider sentencing.
    • If the defendant indicates a not guilty plea or declines to indicate a plea, the court proceeds to allocation.

Key Term: plea before venue The statutory process by which a defendant charged with an either-way offence is asked to indicate their plea before the court decides the appropriate trial venue.

Allocation Decision

If the defendant indicates a not guilty plea (or gives no indication), the magistrates must decide whether the case is suitable for summary trial or should be sent to the Crown Court.

The magistrates consider:

  • the seriousness of the offence and whether their sentencing powers are sufficient
  • the complexity of the case (e.g. legal or factual issues)
  • representations from both prosecution and defence

The court must refer to 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.

Key Term: allocation The process by which the magistrates' court decides whether to retain an either-way case for summary trial or send it to the Crown Court for trial on indictment.

Worked Example 1.1

A defendant is charged with theft (an either-way offence) involving £1,500. The magistrates consider the facts and the defendant's previous convictions. The prosecution submits that the case is too serious for summary trial. The defence argues that the case is straightforward and suitable for the magistrates' court.

Question: What must the magistrates do after hearing both sides?

Answer: The magistrates must consider the seriousness of the offence, the defendant's record, and the Allocation Guideline. If they believe their sentencing powers are sufficient, they may accept jurisdiction. If not, they must send the case to the Crown Court for trial.

Defendant's Election

If the magistrates accept jurisdiction, the defendant is informed of their right to choose the trial venue. The defendant may:

  • consent to summary trial in the magistrates' court, or
  • elect trial by jury in the Crown Court

If the defendant consents to summary trial, the case proceeds in the magistrates' court. If the defendant elects Crown Court trial, the case is sent to the Crown Court.

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

Worked Example 1.2

A defendant is charged with assault occasioning actual bodily harm (an either-way offence). The magistrates accept jurisdiction. The defendant is advised by their solicitor that a jury trial may be advantageous. The defendant elects Crown Court trial.

Question: What happens next?

Answer: The case is sent to the Crown Court for trial. The defendant will be tried by a judge and jury.

Sentencing Powers and Committal

If the defendant pleads guilty in the magistrates' court, or is convicted after summary trial, the magistrates must consider whether their sentencing powers are sufficient. If, during the proceedings, it becomes clear that a more severe sentence is warranted, the magistrates can commit the defendant to the Crown Court for sentencing.

Key Term: committal for sentence The process by which the magistrates' court sends a convicted defendant to the Crown Court for sentencing when its own powers are insufficient.

Factors Affecting Venue Decision

Magistrates must consider:

  • the nature and seriousness of the offence
  • the defendant's criminal record
  • the complexity of the case
  • the adequacy of their sentencing powers
  • representations from prosecution and defence

The defendant's personal circumstances and the interests of justice are also relevant.

Exam Warning

If the magistrates accept jurisdiction, the defendant still has the right to elect Crown Court trial. Do not assume that acceptance of jurisdiction means the case must be tried summarily.

Sending Without Allocation

In certain cases, either-way offences may be sent directly to the Crown Court without allocation, such as when they are related to indictable-only offences or in serious fraud or child witness cases (Crime and Disorder Act 1998, s 50A).

Summary

StepAction/Decision
Charge presentedDefendant appears before magistrates' court
Plea indicationDefendant indicates guilty/not guilty/no indication
If guiltyMagistrates consider sentencing powers
If not guilty/no pleaMagistrates decide on allocation (summary or Crown)
If summaryDefendant may elect Crown Court trial
If Crown CourtCase sent to Crown Court for trial

Key Point Checklist

This article has covered the following key knowledge points:

  • The plea before venue procedure applies to either-way offences in the magistrates' court.
  • The defendant is first asked to indicate a plea; if not guilty or no indication, the court proceeds to allocation.
  • The magistrates decide whether to retain the case for summary trial or send it to the Crown Court, considering seriousness, complexity, and sentencing powers.
  • If the magistrates accept jurisdiction, the defendant may still elect trial by jury in the Crown Court.
  • If the magistrates decline jurisdiction, or the defendant elects Crown Court trial, the case is sent to the Crown Court.
  • The Sentencing Council's Allocation Guideline must be considered in all allocation decisions.

Key Terms and Concepts

  • either-way offence
  • plea before venue
  • allocation
  • defendant's election
  • committal for sentence
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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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