Allocation of cases between magistrates' court and Crown Cou...

Learning Outcomes

This article provides a detailed account of the statutory scheme for allocating cases between the magistrates’ court and Crown Court, focusing specifically on situations where cases are sent directly to the Crown Court without the need for an allocation hearing under s.50A Crime and Disorder Act 1998. You will learn to critically analyse:

• The situations in which s.50A overrides the ordinary allocation process for either-way offences, particularly in the context of a related indictable-only charge, serious and complex fraud under s.51B, and cases involving child witnesses under s.51C.
• The definition, meaning, and requirements of a “related offence” and when multiple charges must (or may) be sent together to the Crown Court.
• The interaction between s.50A and s.51 CDA 1998, and the relevant guidance for both magistrates and legal advisers at first hearing.
• The statutory and practical procedures associated with sending either-way or summary offences to the Crown Court when linked to indictable-only offences or other specified circumstances.
• The legal and procedural implications for co-defendants and late-appearing charges, and the importance of correctly applying mandatory and discretionary sending provisions.
• The impact of these rules on pre-trial case management, trial venue, and the efficient administration of justice.

This knowledge will enable accurate application to realistic practice-based scenarios involving allocation and direct sending to the Crown Court, as well as identification of procedural distinctions essential for the efficient progression of criminal litigation.

SQE1 Syllabus

For SQE1, you are required to understand the statutory framework for sending cases to the Crown Court without allocation under s.50A Crime and Disorder Act 1998 and its interaction with s.51, s.51B, and s.51C, with a focus on the following syllabus points:

• The procedure for sending indictable-only offences to the Crown Court under s.51 Crime and Disorder Act 1998, and how this removes consideration of plea or allocation.
• The statutory mechanisms under s.50A for bypassing the allocation hearing for certain either-way or summary offences, including:
  • Where notice is served for serious or complex fraud (s.51B).
  • Where a child witness is involved and welfare requires swift Crown Court management (s.51C).
  • Where the offence is “related” to an indictable-only matter and the defendant is charged with both on the same occasion.
• The meaning and legal significance of “related offence”, including the conditions for joining offences on indictment and the application of mandatory and discretionary powers.
• How these provisions operate in multi-defendant cases or where charges arise in stages.
• The procedural consequences of sending cases to the Crown Court under these provisions, including bail, disclosure, and pre-trial hearings.
• The practical and strategic considerations affecting representation and trial venue when allocation is bypassed.

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?

   • a) Crown Court
   • b) Magistrates' Court
   • c) High Court
   • d) County Court

2. Under what section of the Crime and Disorder Act 1998 are indictable-only offences sent to the Crown Court?

   • a) s.50A
   • b) s.51
   • c) s.51B
   • d) s.51C

3. In which of the following situations MUST an either-way offence be sent to the Crown Court without an allocation hearing?

   • a) Where the defendant indicates a guilty plea.
   • b) Where the magistrates consider their sentencing powers insufficient.
   • c) Where the offence is related to an indictable-only offence with which the defendant is also charged and appears for on the same occasion.
   • d) Where the defendant elects trial in the Crown Court.

Introduction

Every criminal case begins in the magistrates’ court, regardless of its eventual trial venue or seriousness. For most either-way offences, after the plea before venue, the magistrates undertake an allocation process to decide whether to retain jurisdiction for summary trial or send the matter to the Crown Court for trial on indictment. This allocation hearing is a critical check on proportionality, resource use, and the rights of the accused.

However, not all cases follow this process. Certain scenarios require or permit a direct transfer (“sending”) to the Crown Court, bypassing allocation altogether. Section 50A Crime and Disorder Act 1998 identifies specific triggers—related indictable-only offences, notices for serious or complex fraud, special procedures involving child witnesses, and overlapping or co-defendant charges—for this non-allocation sending procedure. The aim is to ensure serious, complex, or closely linked matters are dealt with efficiently and at the correct level, while protecting procedural fairness for all parties.

Key Term: Sending
The statutory procedure by which a magistrates’ court transfers a case involving an indictable-only offence, or certain either-way or summary offences specified by statute, to the Crown Court for trial or sentence. Distinct from ‘committing’ for sentence after summary conviction, ‘sending’ focuses on trial venue and expedites complex or high-stakes matters.

Key Term: Allocation
The formal process for an either-way offence, where the court, following an indication of not guilty plea, determines whether to proceed summarily or to transfer the case for trial by indictment, considering the seriousness, suitability for summary trial, and sentencing powers.

Cases sent without allocation accelerate progress to the higher court in a strictly regulated manner, and understanding the triggers and consequences is essential for effective participation and advice at every stage.

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

Indictable-Only Offences: The Principal Rule (s.51)

The direct sending mechanism rests on s.51 CDA 1998: any adult who comes before the magistrates’ court charged with an indictable-only offence (for example, murder, rape, or robbery) must be sent immediately to the Crown Court for trial. No consideration of plea, allocation, or summary trial can arise. The magistrates’ role is purely administrative at this stage.

Section 51(1) states plainly that the magistrates must send the defendant for trial, together with any offence “related” to the indictable-only charge if the statutory requirements are satisfied.

Bypassing Allocation: Section 50A Mechanism

Section 50A CDA 1998 extends the direct sending regime in several important ways. It creates statutory gateways that require or allow the court to send either-way or summary offences to the Crown Court in limited circumstances without proceeding with allocation for either-way offences.

Notices under s.51B and s.51C: Serious Fraud and Child Witness Cases

• Serious/Complex Fraud (s.51B):

  • Where a designated authority (typically the Director of Public Prosecutions, Director of the Serious Fraud Office, or the Secretary of State) issues a written notice stating the evidence discloses a case of fraud (or an associated offence) of such seriousness or complexity that trial management should be assumed immediately by the Crown Court, the magistrates’ court must send the case for trial on indictment without an allocation hearing.
  • This ensures early judicial supervision, application of complex disclosure protocols, and effective management of extensive, often multi-defendant, financial crime cases.

• Child Witness Welfare (s.51C):

  • Where the DPP (or their delegate, e.g., a Crown Prosecutor) provides a notice stating that a child will be a witness, the evidence is sufficient to put the accused on trial, and that managing the case without delay in the Crown Court is necessary to safeguard the child’s welfare, the case must again be sent directly to the Crown Court for trial.
  • s.51C is most commonly invoked for grave offences such as child cruelty, sexual offences, kidnapping, or threats of violence involving child victims or witnesses.
  • This procedure gives the Crown Court control of special measures, witness protections, and promotes the welfare of vulnerable participants.

Both notices must be in proper statutory form and are subject to administrative and professional oversight to prevent misuse.

Related Offences: Extending the Scope Beyond Indictable-Only

Section 50A(3) engages where a defendant appears before the magistrates on charges additional to an indictable-only count, or one subject to a valid s.51B or s.51C notice.

Key Term: Related Offence
An either-way or summary offence is considered “related” to an indictable-only offence for these purposes if:

• For either-way offences, it could be joined in the same indictment under the rules on joinder (typically because it arises out of the same facts or is part of a series of similar offences);
• For summary-only offences, it arises from the same or connected circumstances and is punishable by imprisonment or involves obligatory or discretionary disqualification from driving.

These definitions track the indictment and joinder provisions of the Criminal Procedure Rules and the Indictments Act 1915. The aim is to ensure that trials are not fragmented, and all relevant charges are managed together for both fairness and efficiency.

When certain conditions are met, related either-way or summary offences MUST be sent with the indictable-only matter; in other cases, the magistrates have a discretion.

Mandatory Sending: Same Occasion (s.50A(3)(a))

If the defendant appears before the magistrates on the same occasion charged with an indictable-only offence (or an offence subject to s.51B or s.51C notice) AND a related either-way or summary offence as defined above, the court must send both the principal and related charges directly to the Crown Court for trial. The rationale is to prevent inconsistent outcomes, allow for case management in a single venue, and avoid unnecessary duplication of proceedings.

Discretionary Sending: Subsequent Proceedings (s.50A(3)(b))

If, after a defendant has already been sent to the Crown Court for an indictable-only offence (or s.51B/s.51C matter), they appear before the magistrates charged with a related either-way or summary offence, the court may (but is not required to) send the new charge to the Crown Court to be joined with the principal offence. Practice dictates that the exercise of this discretion should consider prosecutorial submissions, the interests of justice, the degree of factual connection, and the potential for prejudice or delay.

Co-Defendants: Same or Subsequent Occasion

When multiple defendants are involved, s.50A also applies to situations where a co-accused is charged jointly with a related offence. If two (or more) defendants appear together on the same occasion, the same mandatory rules apply: both must be sent to the Crown Court. If they appear subsequently, the court may send the later-appearing defendant, but it is not compelled to do so.

Additional Procedural Points

• Summary Offence Restrictions: Only summary offences punishable by imprisonment or which involve (discretionary or obligatory) disqualification from driving and “related” as defined above may be sent alongside an indictable-only or s.51B/s.51C offence.
• No Allocation Hearing: For any offence sent under these provisions, the ordinary allocation procedure is entirely bypassed: there is no inquiry as to plea, suitability, or election for Crown Court trial.

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 under s.51 CDA 1998 it must be sent directly to the Crown Court for trial. Because the theft charge is an either-way offence that arises from the same incident—that is, it is a “related offence”—s.50A(3)(a) CDA 1998 applies. As Dev appears on both charges on the same occasion, the magistrates must also send the theft charge to the Crown Court. There is no allocation hearing for the theft charge.

Worked Example 1.2

Suppose following an initial sending to the Crown Court for robbery, Dev is later charged with handling stolen goods (either-way) relating to the same incident and appears on a later date.

What may the magistrates’ court do in this situation?

Answer:
Because Dev has already been sent to the Crown Court for the indictable-only offence, the handling offence (an either-way charge related to the principal matter) is now covered by s.50A(3)(b) CDA 1998. The magistrates may, if it is in the interests of justice, choose to send the related handling charge to the Crown Court as well. The decision is at the court’s discretion and must be justified on case management and fairness grounds.

The Concept of ‘Related Offence’ in Practice

The rules governing “related offences” serve important objectives—avoiding duplication of proceedings, enabling comprehensive case management, and avoiding conflicting verdicts. For an either-way offence to be related, the test is normally whether it can be joined in the same indictment under the joinder rules set out in the Indictments Act 1915 and the Criminal Procedure Rules. Examples include theft and assault arising from the same incident, or several frauds involving a common scheme. For summary-only offences, simple proximity in time is not enough: the summary offence must arise out of the same or connected circumstances and, crucially, be punishable by imprisonment or result in disqualification from driving.

A common pitfall is over-inclusiveness—assuming that any associated offence can be sent up with an indictable-only charge. Only offences falling within these prescribed categories and meeting the test of “relatedness” can be sent under s.50A without allocation.

Sending in Serious Fraud and Child Witness Cases (s.51B and s.51C)

The functioning of ss.51B and 51C operates within a tight administrative and evidential framework:

• For serious or complex fraud cases, the written notice must set out not simply seriousness or complexity per se, but must identify why Crown Court management is necessary (e.g., requiring pre-trial hearings, extended disclosure, joint trials across jurisdictions or multiple accused, complexity of financial evidence, or risk of partiality).
• For child witness procedures (s.51C), notice requires a close link to child welfare, encompassing the need for the Crown Court to oversee special measures, manage vulnerable witness testimony, and avoid delay prejudicial to the child. Specified offences may include sexual offences, human trafficking, violent offences, kidnapping, and any others where a child will be called as a witness and will require such protection.

Once these statutory criteria are met and a notice is lodged, the case must be sent immediately to the Crown Court. The magistrates’ court has no discretion to retain the matter or conduct an allocation hearing.

Special Issues: Discretionary Sending, Co-Accused, and Late Charges

• Late-Appearing Co-Accused or Further Charges: If a defendant is sent to the Crown Court for an indictable-only offence and a co-defendant is later charged with a related offence, the court may send the co-defendant’s case to the Crown Court if it is just and convenient, but is not obliged to do so. This prevents manipulation of procedure and allows fair trial management, including consideration of joinder, potential prejudice, and case complexity.
• Case Management and Trial Preparation: Once sent, the case immediately falls within the Crown Court’s case management regime, including disclosure timetables, plea and trial preparation hearings (PTPH), and the management of bail or custody issues.

Worked Example 1.3

A, B, and C are jointly charged with aggravated burglary (indictable-only) and causing grievous bodily harm (an either-way offence, arising out of the same incident). At their first hearing, A and B are present; C is absent and appears a week later charged with the same GBH.

What must/may the court do?

Answer:
At the original joint hearing, A and B must be sent to the Crown Court for both aggravated burglary and the related either-way GBH charge. When C later appears for the related GBH offence from the same incident, the magistrates have a discretion under s.50A(3)(b) to send C to the Crown Court so the indictment can be joined with A and B’s case for trial.

Worked Example 1.4

Anna is sent to the Crown Court for an indictable-only offence. She later appears before the magistrates, now charged (separately) with a summary-only offence which is related to the principal matter, punishable by imprisonment.

Can the magistrates’ court send the summary offence to the Crown Court?

Answer:
Yes, the court may exercise discretion to send the related summary-only offence to the Crown Court to be joined with the principal case for trial or sentence, provided it arises out of the same or connected facts and is punishable with imprisonment or disqualification.

Exam Warning

Carefully distinguish between mandatory and discretionary sending:

• Mandatory sending under s.50A(3)(a) applies only when all relevant charges are before the court at the same time.
• If new, related charges are brought later, discretionary sending applies, and the court should consider fairness, prejudice, risk of inconsistent verdicts, joinder possibilities, and whether all accused and offences can sensibly be dealt with together at the higher court.
• Remember that not all summary offences meet the conditions for being “related”: it must both arise out of the same or connected facts and be punishable by imprisonment or disqualification.

Failure to correctly apply these rules can result in procedural error and, in extreme cases, successful challenge or return of improperly sent matters.

Key Point Checklist

This article has covered the following key knowledge points:

• Section 51 CDA 1998 operates to send indictable-only offences directly from the magistrates’ court to the Crown Court for trial, without plea or allocation.
• Section 50A CDA 1998 creates defined exceptions to the typical allocation procedure for either-way and, in some cases, summary offences.
• Either-way offences must be sent directly to the Crown Court when a valid s.51B (serious or complex fraud) or s.51C (child witness) notice is given.
• 'Related' either-way or summary offences are sent with indictable-only offences (or s.51B/C offences) if the defendant appears for all on the same occasion (mandatory); discretionary if heard later.
• For a summary-only offence to be related, it must arise from the same or connected circumstances, and be punishable by imprisonment or involve disqualification from driving.
• In joint defendant scenarios, the procedure for sending applies to all who appear together, and may be used for later-appearing co-defendants.
• There is no allocation hearing for any offence sent under these provisions—the matter simply passes under the higher court's management.
• The decision to send (and, where applicable, the exercise of discretion on late-appearing charges or defendants) directly affects trial management, joinder of offences, and the jurisdiction to hear all charges in a single Crown Court proceeding.
• Distinguishing when sending is mandatory versus discretionary is essential to lawful procedure and fair trial management.

Key Terms and Concepts

• Sending
• Allocation
• Related Offence