Allocation (Mode of Trial)

Question 1

What are the three categories of criminal offences?

Answer 1

Summary offences – Only tried in the Magistrates’ Court.

Either-way offences – Can be tried in either the Magistrates’ or Crown Court.

Indictable-only offences – Must be tried in the Crown Court.

Question 2

How is an either-way offence allocated?

Answer 2

Plea Before Venue (PBV) – Defendant indicates guilty/not guilty plea.

Allocation Hearing (if plea is not guilty) – Magistrates decide if case is suitable for Magistrates’ Court or must go to the Crown Court.

If Magistrates accept jurisdiction, defendant has a choice of venue.

Question 3

What factors do Magistrates consider under s.19 Magistrates’ Courts Act 1980?

Answer 3

Seriousness of the offence.

Sentencing powers of the Magistrates’ Court (max 6 months per offence).

Defendant’s previous convictions.