Part I Criminal Jurisdiction and Procedure

Offences triable on indictment or summarily

C119F1Decision as to allocation

1

The court shall decide whether the offence appears to it more suitable for summary trial or for trial on indictment.

2

Before making a decision under this section, the court—

a

shall give the prosecution an opportunity to inform the court of the accused’s previous convictions (if any); and

b

shall give the prosecution and the accused an opportunity to make representations as to whether summary trial or trial on indictment would be more suitable.

3

In making a decision under this section, the court shall consider—

a

whether the sentence which a magistrates' court would have power to impose for the offence would be adequate; and

b

any representations made by the prosecution or the accused under subsection (2)(b) above,

and shall have regard to any allocation guidelines (or revised allocation guidelines) issued as definitive guidelines under section 170 of the Criminal Justice Act 2003.

4

Where—

a

the accused is charged with two or more offences; and

b

it appears to the court that the charges for the offences could be joined in the same indictment or that the offences arise out of the same or connected circumstances,

subsection (3)(a) above shall have effect as if references to the sentence which a magistrates' court would have power to impose for the offence were a reference to the maximum aggregate sentence which a magistrates' court would have power to impose for all of the offences taken together.

5

In this section any reference to a previous conviction is a reference to—

a

a previous conviction by a court in the United Kingdom; F2...

F3aa

a previous conviction by a court in another member State of a relevant offence under the law of that State; or

b

a previous finding of guilt in—

i

any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence); or

ii

any proceedings before a Standing Civilian Court.

F45A

For the purposes of subsection (5)(aa) an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time when the allocation decision is made.

6

If, in respect of the offence, the court receives a notice under section 51B or 51C of the Crime and Disorder Act 1998 (which relate to serious or complex fraud cases and to certain cases involving children respectively), the preceding provisions of this section and sections 20, 20A and 21 below shall not apply, and the court shall proceed in relation to the offence in accordance with section 51(1) of that Act.