PART 9ALLOCATION AND SENDING FOR TRIAL

SECTION 2: SENDING WITHOUT ALLOCATION FOR CROWN COURT TRIAL

Sending for Crown Court trial9.7

1

This rule applies where a magistrates’ court must, or can, send a defendant to the Crown Court for trial without first allocating the case for trial there.

2

The court must read the allegation of the offence to the defendant.

3

The court must explain, in terms the defendant can understand (with help, if necessary)—

a

the allegation, unless it is self-explanatory;

b

that the offence is one for which the court, as appropriate—

i

must send the defendant to the Crown Court for trial because the offence is one which can only be tried there, or

ii

may send the defendant to the Crown Court for trial if the magistrates’ court decides that the offence is related to one already sent for trial there;

c

that reporting restrictions apply, which the defendant may ask the court to vary or remove.

4

In the following sequence, the court must then—

a

invite the prosecutor to—

i

identify the court’s power to send the defendant to the Crown Court for trial for the offence, and

ii

make representations about any ancillary matters, including bail and directions for the management of the case in the Crown Court;

b

invite the defendant to make representations about—

i

the court’s power to send the defendant to the Crown Court, and

ii

any ancillary matters; and

c

decide whether or not to send the defendant to the Crown Court for trial.

5

If the court sends the defendant to the Crown Court for trial, it must—

a

ask whether the defendant intends to plead guilty in the Crown Court and—

i

if the answer is ‘yes’, make arrangements for the Crown Court to take the defendant’s plea as soon as possible, or

ii

if the defendant does not answer, or the answer is ‘no’, make arrangements for a case management hearing in the Crown Court; and

b

give any other ancillary directions.

[Note. See sections 51, 51A and 51E of the Crime and Disorder Act 1998174, and section 24A of the Magistrates’ Courts Act 1980175.

For the circumstances in which a magistrates’ court may (and in some cases must) commit a defendant who is under 18 to the Crown Court for sentence after that defendant has indicated a guilty plea, see sections 3B, 4A and 6 of the Powers of Criminal Courts (Sentencing) Act 2000176.

See also Part 16 (Reporting, etc. restrictions).]