PART 9ALLOCATION AND SENDING FOR TRIAL

SECTION 3: ALLOCATION FOR MAGISTRATES’ COURT OR CROWN COURT TRIAL

Allocation and sending for Crown Court trial9.14

1

This rule applies where—

a

under rule 9.10 or rule 9.13, the court allocates the case to the Crown Court for trial;

b

under rule 9.11, the defendant does not agree to trial in a magistrates’ court; or

c

under rule 9.12, the court grants the prosecutor’s application for Crown Court trial.

2

In the following sequence, the court must—

a

invite the prosecutor to 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 any such representations; and

c

exercise its powers to—

i

send the defendant to the Crown Court for trial, and

ii

give any ancillary directions.

[Note. See sections 21 and 24A of the Magistrates’ Courts Act 1980219 and section 51 of the Crime and Disorder 1998220. See also rule 9.3 (matters to be specified on sending for trial).]