Procedures and processes in criminal litigation - Plea befor...

Learning Outcomes

After reading this article, you will be able to identify and explain the procedural steps for plea before venue and allocation in criminal cases, differentiate between summary and either way offences, advise on trial venue, and apply the correct statutory framework. You will also understand the client-focused considerations and potential exam pitfalls within this topic, essential for effective SQE2 exam preparation.

SQE2 Syllabus

For SQE2, you are required to understand the procedural and advisory aspects of plea before venue and allocation of criminal business between the magistrates’ court and the Crown Court. During your revision, pay particular attention to:

• the correct procedure for plea before venue in either way offences
• allocation of business between the magistrates’ court and Crown Court, including statutory provisions (e.g., Magistrates’ Courts Act 1980, ss 17A–22A)
• the advisory process for trial venue decisions, including client-specific factors, and the client’s right to elect trial by jury
• statutory constraints on allocation for certain types of offences
• applying these procedures in client scenarios and examination-style questions

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 type of offences require a plea before venue procedure at the first magistrates’ court appearance?
2. When do magistrates decline jurisdiction, and what is the effect for the defendant?
3. Which factors should a solicitor consider when advising a client about trial venue?
4. True or false: A defendant can always choose to have an either way offence tried in the Crown Court.

Introduction

When a defendant appears before the magistrates’ court on a criminal charge, the procedure by which the court determines how and where a case will be tried is critical for both legal advisers and for the SQE2 exam. For either way offences, this involves a statutory plea before venue and allocation process. You must be able to explain not just the mechanics, but also the practical client-focused advice essential to legal practice.

Key Term: plea before venue
The statutory process in which a defendant charged with an either way offence is asked to indicate their plea at the magistrates’ court, determining further procedural steps about trial venue.

The Structure of Plea Before Venue and Allocation

Classification of Offences and Initial Steps

There are three main classifications: summary only, either way, and indictable only. For summary only and indictable only offences, the procedural path is generally straightforward. For either way offences, plea before venue and allocation are required.

Key Term: either way offence
An offence that can be tried in either the magistrates’ court or the Crown Court, depending on the circumstances and statutory procedure.

The Plea Before Venue Procedure

For either way offences, magistrates must follow a statutory process as follows:

• The charge is read to the defendant, who is asked to indicate a plea (guilty or not guilty).
• If the defendant indicates a guilty plea, the court proceeds to sentence or commits for sentence to the Crown Court if its sentencing powers are insufficient.
• If a not guilty plea is indicated, or if no plea is given, the process moves to allocation.

Key Term: allocation
The procedure by which the court determines whether a case will be heard in the magistrates’ court or sent to the Crown Court for trial.

The Allocation Hearing

If not guilty or no plea is indicated to an either way offence, the magistrates must determine where the case should be tried. The steps are as follows:

• The prosecution outlines the case and previous convictions.
• Both prosecution and defence can make representations regarding venue.
• The magistrates consider three main factors:
  • Adequacy of their own sentencing powers if the defendant is convicted.
  • Any representations of the parties.
  • Allocation guidance issued by the Sentencing Council.

If the magistrates consider the case is too serious for their sentencing powers, they must decline jurisdiction and send the matter to the Crown Court (“committal for trial”). Otherwise, if they deem their powers adequate, the defendant is advised of their right to elect trial in the Crown Court.

The Defendant’s Right to Elect

If the magistrates accept jurisdiction (i.e., retain the case for summary trial), the defendant—unless the case falls under a statutory exception—may choose:

1. Summary trial before the magistrates, or
2. Trial by jury in the Crown Court.

If the defendant elects the Crown Court, the magistrates must send the case there for trial.

Key Term: elect trial by jury
The defendant’s right in certain either way offences to choose trial in the Crown Court before a judge and jury, rather than summary trial in the magistrates’ court.

Client-Centred Advice on Trial Venue

A key role of the solicitor is to advise on the relative merits of choosing summary trial or Crown Court trial. The relevant considerations include:

• Sentencing powers: Crown Court often has higher sentencing limits.
• Likelihood of conviction: Jury acquittal rates are statistically higher.
• Delay: Crown Court trials are generally slower.
• Cost and publicity: Crown Court is more expensive and higher profile.
• Stress and complexity: Crown Court is more formal and may be daunting.
• Compulsory defence disclosure in Crown Court (not required in the magistrates’ court).

Key Term: allocation guideline
Official guidance, issued by the Sentencing Council, instructing that either way offences should generally be tried summarily unless the case’s seriousness or complexity suggests trial on indictment is necessary.

Always tailor your advice to the client's specific circumstances, including vulnerability, complexity of the case, and personal priorities.

Related Statute and Special Cases

The basic procedure is set out in Magistrates’ Courts Act 1980 (ss 17A–22A). Special provisions sometimes apply, e.g., for certain fraud or child-related cases, where allocation or election may be restricted.

Worked Example 1.1

Jas is charged with an either way offence for theft. She indicates a not guilty plea. The magistrates are not convinced they have adequate sentencing powers. What happens next?

Answer:
The magistrates must decline jurisdiction, and Jas’s case will be sent to the Crown Court for trial.

Worked Example 1.2

Brian is charged with ABH (an either way offence) and indicates a not guilty plea. The magistrates accept jurisdiction. Brian is unsure whether to elect Crown Court trial. What advice should his solicitor consider giving?

Answer:
The solicitor should discuss sentencing powers, speed, potential for acquittal, cost, stress, and differences in procedure with Brian, considering his specific circumstances and explaining the implications of both summary trial and Crown Court trial.

Exam Warning

Be careful to distinguish between the defendant's right to elect trial and cases where the magistrates must send the case to the Crown Court—particularly for offences where the law removes the right to summary trial or creates mandatory allocation rules.

Key Point Checklist

This article has covered the following key knowledge points:

• Plea before venue applies to either way offences at the first magistrates’ court hearing.
• The magistrates must establish the plea, then conduct allocation if not guilty/no plea.
• If jurisdiction is accepted, the defendant usually has the right to choose between summary trial and Crown Court trial.
• Solicitors must provide tailored advice on trial venue, based on statute, guidance, and client priorities.
• Statutory provisions under the Magistrates’ Courts Act 1980 and Sentencing Council guidance set the framework for allocation.

Key Terms and Concepts

• plea before venue
• either way offence
• allocation
• elect trial by jury
• allocation guideline