2.4 Criminal Litigation - Business Allocation (Magistrates & Crown Court)

Question 1

What is the procedure for allocating business?

Answer 1

1) MC > Suitable for summary trial/trial on indictment
- CPS’s outline re case facts, D’s previous convictions => Court
- CPS + D’s cases
- Adequate sentence? > Allocation Guidelines (Sentencing Council)
- Likely sentence

2) D’s election > Factors
- Speed
- Cost
- Informality
- Defence statements
- Sentence
- Division between trials of fact and law
- Legal submissions
- Appeal
- Benefit of doubt

3) Classification of offences

D’s first appearance > MC
- UNLESS MC declines jx/D chooses jury trial => CC

Summary only offence => MC

• Plead guilty > Sentence immediately (max. 6 months sentence/max. 12 months (+2 EW offences) > lower statutory maximum vs max. fine (£,5000 per offence) OR adjourn for pre-sentence report (complex cases))
• Plead NOT guilty > Summary trial

Indictable only offence => Case adjourned => CC

Trial either way => MC/CC

Question 2

What offences will be allocated to Crown Court without allocation?

Answer 2

EW offence

Serious + complex fraud case

Children related cases

Indictable-only offence + EW/summary only offence (related)