Allocation procedure for either-way offences

Question 1

Either-way offences - Plea before Venue

Answer 1

First hearing at Magistrates’ Court

D indicates a plea (G / NG / no indication)

If Guilty; magistrates must convict and sentence OR commit for sentence to the Crown Court, s.18 Sentencing Act 2020 (may adjourn for reports)

If Not Guilty; (or no indication) magistrates go on to consider venue (where the trial will take place) at an allocation hearing.

Question 2

Allocation hearing - ‘either-way offences’ - 1

Answer 2

KEY TEST - s.19 Magistrates Courts Act (MCA) 1980:
Prosecution outline facts of the case and D’s previous convictions (if any) AND makes representations regarding venue

Defence outlines their case and makes representations regarding venue

Magistrates consider whether their sentencing powers for the offence are adequate with reference to relevant allocation / sentencing guidelines.

Magistrates’ maximum sentencing powers 6 months for a single either way offence (max 12 months for two or more e/w offences).

Question 3

Allocation Hearing - either way offences - 2

Answer 3

If magistrates determine the case is unsuitable for summary trial (i.e. they think the case if too serious for them to try) – case sent to Crown Court under s.51 Crime and Disorder Act 1998 (CDA)– D has no choice.

If magistrates determine the case to be suitable for summary trial (i.e. suitable for magistrates’ court trial) - D has a right to elect trial by jury – must elect personally.

Question 4

Advantages of summary trial (Magistrates court)

Answer 4

Quicker / less stressful / less formal / less publicity

Cheaper – note D may be asked to pay prosecution costs if s/he loses, even if publically funded.

Limited sentencing powers

Question 5

Disadvantages of summary trial (Magistrates)

Answer 5

Magistrates’ may become ‘case hardened’ / careless

Higher conviction rates

Magistrates are lay people with no specific legal knowledge

Less time to prepare defence case

Question 6

Advantages of trial on indictment (Crown Court)

Answer 6

Higher acquittal rates (not guilty)

Juries less ‘case hardened’

Expert judge gives reasoned direction on law

Longer time for defence to prepare (and for prosecution witnesses to forget?)

Question 7

Disadvantages of trial on indictment (Crown Court)

Answer 7

Slower / more stressful / more formal / more publicity

More expensive – (and prosecution costs if convicted, even if publically funded)

Higher powers of punishment