Allocation of cases between magistrates' court and Crown Court - Defendant's right to elect trial venue

Learning Outcomes

After reading this article, you will be able to explain how criminal cases are allocated between the magistrates' court and Crown Court in England and Wales, focusing on the defendant's right to elect trial venue for either-way offences. You will understand the statutory procedure, the factors affecting allocation, and the practical and strategic considerations for defendants and advisers. You will also be able to apply these principles to SQE1-style scenarios.

SQE1 Syllabus

For SQE1, you are required to understand the allocation of criminal cases between the magistrates' court and Crown Court, with particular emphasis on the defendant's right to elect trial venue for either-way offences. In your revision, focus on:

  • the classification of criminal offences (summary, either-way, indictable-only)
  • the statutory allocation procedure for either-way offences, including plea before venue and mode of trial
  • the defendant’s right to elect Crown Court trial and the consequences of this choice
  • the factors magistrates consider when deciding jurisdiction
  • the practical and strategic implications of venue selection for defendants

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 do they affect trial venue?
  2. What is the statutory process for allocating either-way offences between the magistrates' court and Crown Court?
  3. In what circumstances does a defendant have the right to elect trial by jury in the Crown Court?
  4. List two key factors a defendant and adviser should consider when deciding whether to elect Crown Court trial.

Introduction

When a person is charged with a criminal offence in England and Wales, the venue for trial is determined by the classification of the offence and a statutory allocation procedure. For either-way offences, the defendant may have a right to choose whether their case is tried summarily in the magistrates' court or on indictment before a judge and jury in the Crown Court. Understanding this process, and the strategic considerations involved, is essential for SQE1.

Classification of Offences and Trial Venue

Criminal offences are classified as summary offences, either-way offences, or indictable-only offences. This classification determines where the case will be heard and what procedural options are available.

Key Term: summary offence A summary offence is a minor criminal offence that can only be tried in the magistrates' court.

Key Term: either-way offence An either-way offence is a criminal offence that can be tried either in the magistrates' court or the Crown Court, depending on allocation and the defendant's election.

Key Term: indictable offence An indictable offence is a serious criminal offence that must be tried in the Crown Court before a judge and jury.

Summary Offences

Summary offences are always tried in the magistrates' court. The defendant has no right to elect trial in the Crown Court for these offences.

Indictable-Only Offences

Indictable-only offences, such as murder or rape, must be sent directly to the Crown Court for trial. The magistrates' court conducts only a preliminary hearing before sending the case.

Either-Way Offences

Either-way offences, such as theft or assault occasioning actual bodily harm, may be tried in either court. The allocation procedure determines the venue, and the defendant may have a right to elect Crown Court trial.

The Allocation Procedure for Either-Way Offences

When a defendant is charged with an either-way offence, the court follows a statutory process to determine the trial venue. This process is governed by the Magistrates' Courts Act 1980 (notably ss 19–20 and s 22A).

Plea Before Venue

The first step is the plea before venue hearing. The charge is read, and the defendant is asked to indicate a plea.

  • If the defendant pleads guilty, the magistrates will sentence or commit for sentence to the Crown Court if their powers are insufficient.
  • If the defendant pleads not guilty (or declines to indicate a plea), the court proceeds to allocation (mode of trial).

Mode of Trial (Allocation) Hearing

The magistrates must decide whether the case is suitable for summary trial, considering:

  • the seriousness of the offence
  • the likely sentence if convicted
  • any aggravating or mitigating factors
  • representations from the prosecution and defence
  • the Sentencing Council's allocation guideline

If the magistrates decide the case is too serious or complex, they decline jurisdiction and send the case to the Crown Court for trial.

If the magistrates accept jurisdiction, the defendant is informed and given a choice: consent to summary trial or elect Crown Court trial.

Key Term: plea before venue The statutory procedure where a defendant charged with an either-way offence is asked to indicate a plea before the court decides on allocation.

Key Term: allocation hearing The hearing at which the magistrates decide whether an either-way offence should be tried summarily or sent to the Crown Court.

Defendant’s Right to Elect Trial Venue

If the magistrates accept jurisdiction, the defendant may choose to be tried summarily or elect trial by jury in the Crown Court. This right is fundamental for either-way offences and has significant consequences.

Key Term: election (of trial venue) The defendant’s statutory right, in certain either-way cases, to choose trial by jury in the Crown Court instead of summary trial in the magistrates' court.

Practical and Strategic Considerations

The decision to elect Crown Court trial should be made carefully, considering:

  • the higher acquittal rate in Crown Court jury trials
  • the Crown Court’s greater sentencing powers (risk of a longer sentence if convicted)
  • the complexity or publicity of the case
  • the speed and cost of proceedings
  • the defendant’s personal circumstances and preferences

Worked Example 1.1

Scenario:
Sam is charged with theft (an either-way offence) after allegedly stealing £1,000 from his employer. At the plea before venue hearing, Sam pleads not guilty. The magistrates consider the facts and, after hearing submissions, decide the case is suitable for summary trial. Sam is told he can consent to summary trial or elect Crown Court trial.

Question:
What options does Sam have, and what factors should he consider?

Answer:
Sam can choose summary trial in the magistrates' court or elect trial by jury in the Crown Court. He should consider the seriousness of the case, the likely sentence, the speed of proceedings, the risk of a higher sentence in the Crown Court, and whether he believes a jury trial would be advantageous.

Worked Example 1.2

Scenario:
Maria is charged with assault occasioning actual bodily harm (an either-way offence). The magistrates, after hearing submissions, decline jurisdiction due to the seriousness of the alleged injuries. What happens next?

Answer:
Maria’s case is sent directly to the Crown Court for trial. She does not have a right to elect summary trial because the magistrates have declined jurisdiction.

Factors Affecting Magistrates’ Decision

The magistrates must consider:

  • the nature and seriousness of the offence
  • the defendant’s previous convictions
  • the complexity of the case
  • the adequacy of their sentencing powers
  • representations from both parties

If the likely sentence exceeds the magistrates’ powers, or the case is unusually complex, the case should be sent to the Crown Court.

Exam Warning

For SQE1, remember: the defendant’s right to elect Crown Court trial applies only if the magistrates accept jurisdiction for an either-way offence. If the magistrates decline jurisdiction, the case must be sent to the Crown Court, and the defendant has no choice.

Consequences of Venue Selection

Electing Crown Court trial may result in:

  • a longer wait for trial
  • a jury deciding guilt or innocence
  • higher maximum sentences if convicted
  • increased costs and publicity

Summary trial is usually faster, less formal, and subject to lower sentencing limits.

Revision Tip

When advising a client, always explain both the risks and benefits of each venue, including sentencing powers, trial procedure, and likelihood of acquittal.

Summary

Offence TypeVenueDefendant’s Right to Elect Venue?
SummaryMagistrates’ courtNo
Indictable-onlyCrown CourtNo
Either-wayMagistrates’ or Crown CourtYes, if magistrates accept jurisdiction

Key Point Checklist

This article has covered the following key knowledge points:

  • Criminal offences are classified as summary, either-way, or indictable-only, which determines trial venue.
  • For either-way offences, the allocation procedure involves plea before venue and a mode of trial hearing.
  • If the magistrates accept jurisdiction, the defendant may elect trial by jury in the Crown Court.
  • If the magistrates decline jurisdiction, the case is sent to the Crown Court for trial and the defendant cannot choose summary trial.
  • Strategic considerations for venue selection include sentencing powers, speed, formality, and likelihood of acquittal.
  • Advisers must explain the consequences of venue selection to the defendant.

Key Terms and Concepts

  • summary offence
  • either-way offence
  • indictable offence
  • plea before venue
  • allocation hearing
  • election (of trial venue)
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