PART 9ALLOCATION AND SENDING FOR TRIAL
SECTION 1: GENERAL RULES
When this Part applies9.1
1
This Part applies to the allocation and sending of cases for trial under—
a
sections 17A to 26 of the Magistrates’ Courts Act 1980187; and
b
sections 50A to 52 of the Crime and Disorder Act 1998188.
2
Section 2 of this Part applies in a magistrates’ court where the court must, or can, send a defendant to the Crown Court for trial, without allocating the case for trial there.
3
Section 3 of this Part applies in a magistrates’ court where the court must allocate the case to a magistrates’ court or to the Crown Court for trial.
4
Section 4 of this Part applies in the Crown Court, where a defendant is sent for trial there.
[Note. A magistrates’ court’s powers to send a defendant to the Crown Court for trial are contained in section 51 of the Crime and Disorder Act 1998189.
The exercise of the court’s powers is affected by—
a
the classification of the offence (and the general rule, subject to exceptions, is that an offence classified as triable on indictment exclusively must be sent for Crown Court trial; an offence classified as triable only summarily must be tried in a magistrates’ court; and an offence classified as triable either on indictment or summarily must be allocated to one or the other court for trial: see in particular sections 50A, 51 and 51A of the 1998 Act190and section 19 of the Magistrates’ Courts Act 1980191;
b
the defendant’s age (and the general rule, subject to exceptions, is that an offence alleged against a defendant under 18 must be tried in a magistrates’ court sitting as a youth court: see in particular sections 24 and 24A of the 1980 Act192;
c
whether the defendant is awaiting Crown Court trial for another offence;
d
whether another defendant, charged with the same offence, is awaiting Crown Court trial for that offence; and
e
in some cases (destroying or damaging property; aggravated vehicle taking), whether the value involved is more or less than £5,000.
The court’s powers of sending and allocation, including its powers (i) to receive a defendant’s indication of an intention to plead guilty (see rules 9.7, 9.8 and 9.13) and (ii) to give an indication of likely sentence (see rule 9.11), may be exercised by a single justice: see sections 51 and 51A(11) of the 1998 Act, and sections 17E, 18(5) and 24D of the 1980 Act193.]
Exercise of magistrates’ court’s powers9.2
1
This rule applies to the exercise of the powers to which Sections 2 and 3 apply.
2
The general rule is that the court must exercise its powers at a hearing in public, but it may exercise any power it has to—
a
withhold information from the public; or
b
order a hearing in private.
3
The general rule is that the court must exercise its powers in the defendant’s presence, but it may exercise the powers to which the following rules apply in the defendant’s absence on the conditions specified—
a
where rule 9.8 (adult defendant: request for plea), rule 9.9 (adult defendant: guilty plea) or rule 9.13 (young defendant) applies, if—
i
the defendant is represented, and
ii
the defendant’s disorderly conduct makes his or her presence in the courtroom impracticable;
b
where rule 9.10 (adult defendant: not guilty plea) or rule 9.11 (adult defendant: allocation for magistrates’ court trial) applies, if—
i
the defendant is represented and waives the right to be present, or
ii
the defendant’s disorderly conduct makes his or her presence in the courtroom impracticable.
4
The court may exercise its power to adjourn—
a
if either party asks; or
b
on its own initiative.
5
Where the court on the same occasion deals with two or more offences alleged against the same defendant, the court must deal with those offences in the following sequence—
a
any to which rule 9.6 applies (prosecutor’s notice requiring Crown Court trial);
b
any to which rule 9.7 applies (sending for Crown Court trial, without allocation there), in this sequence—
i
any the court must send for trial, then
ii
any the court can send for trial; and
c
any to which rule 9.14 applies (allocation for Crown Court trial).
6
Where the court on the same occasion deals with two or more defendants charged jointly with an offence that can be tried in the Crown Court then in the following sequence—
a
the court must explain, in terms each defendant can understand (with help, if necessary), that if the court sends one of them to the Crown Court for trial then the court must send for trial in the Crown Court, too, any other of them—
i
who is charged with the same offence as the defendant sent for trial, or with an offence which the court decides is related to that offence,
ii
who does not wish to plead guilty to each offence with which he or she is charged, and
iii
(if that other defendant is under 18, and the court would not otherwise have sent him or her for Crown Court trial) where the court decides that sending is necessary in the interests of justice
even if the court by then has decided to allocate that other defendant for magistrates’ court trial; and
b
the court may ask the defendants questions to help it decide in what order to deal with them.
7
After following paragraph (5), if it applies, where the court on the same occasion—
a
deals with two or more defendants charged jointly with an offence that can be tried in the Crown Court;
b
allocates any of them to a magistrates’ court for trial; and
c
then sends another one of them to the Crown Court for trial,
the court must deal again with each one whom, on that occasion, it has allocated for magistrates’ court trial.
[Note. See sections 50A, 51, 51A and 52 of the Crime and Disorder Act 1998194 and sections 17A, 17B, 17C, 18, 23, 24A, 24B and 24C of the Magistrates’ Courts Act 1980195.
Under sections 57A to 57E of the 1998 Act196, the court may require a defendant to attend by live link a hearing to which this Part applies.
Where a defendant waives the right to be present then the court may nonetheless require his or her attendance by summons or warrant: see section 26 of the 1980 Act197.
Under section 52A of the 1998 Act198, reporting restrictions apply to the proceedings to which Sections 2 and 3 apply.
Part 2 contains rules allowing a representative to act on a defendant’s behalf for the purposes of these Rules.
Part 3 contains rules about the court’s powers of case management.]
Matters to be specified on sending for trial9.3
1
Where the court sends a defendant to the Crown Court for trial, it must specify—
a
each offence to be tried;
b
in respect of each, the power exercised to send the defendant for trial for that offence; and
c
the Crown Court centre at which the trial will take place.
2
In a case in which the prosecutor serves a notice to which rule 9.6(1)(a) applies (notice requiring Crown Court trial in a case of serious or complex fraud), the court must specify the Crown Court centre identified by that notice.
3
In any other case, in deciding the Crown Court centre at which the trial will take place, the court must take into account—
a
the convenience of the parties and witnesses;
b
how soon a suitable courtroom will be available; and
c
the directions on the allocation of Crown Court business contained in the Practice Direction.
[Note. See sections 51 and 51D of the Crime and Disorder Act 1998199.]
Duty of justices’ legal adviser9.4
1
This rule applies—
a
only in a magistrates’ court; and
b
unless the court—
i
includes a District Judge (Magistrates’ Courts), and
ii
otherwise directs.
2
On the court’s behalf, a justices’ legal adviser may—
a
read the allegation of the offence to the defendant;
b
give any explanation and ask any question required by the rules in this Part;
c
make any announcement required by the rules in this Part, other than an announcement of—
i
the court’s decisions about allocation and sending,
ii
any indication by the court of likely sentence, or
iii
sentence.
3
A justices’ legal adviser must—
a
assist an unrepresented defendant;
b
give the court such advice as is required to enable it to exercise its powers;
c
if required, attend the members of the court outside the courtroom to give such advice, but inform the parties of any advice so given.
[Note. For the functions of a justices’ legal adviser, see sections 28 and 29 of the Courts Act 2003200.]
Duty of magistrates’ court officer9.5
1
The magistrates’ court officer must—
a
serve notice of a sending for Crown Court trial on—
i
the Crown Court officer, and
ii
the parties;
b
in that notice record—
i
the matters specified by the court under rule 9.3 (matters to be specified on sending for trial),
ii
any indication of intended guilty plea given by the defendant under rule 9.7 (sending for Crown Court trial),
iii
any decision by the defendant to decline magistrates’ court trial under rule 9.11 (adult defendant: allocation to magistrates’ court for trial), and
iv
the date on which any custody time limit will expire;
c
record any indication of likely sentence to which rule 9.11 applies; and
d
give the court such other assistance as it requires.
2
The magistrates’ court officer must include with the notice served on the Crown Court officer—
a
the initial details of the prosecution case served by the prosecutor under rule 21.2;
b
a record of any—
i
listing or case management direction affecting the Crown Court,
ii
direction about reporting restrictions,
iii
decision about bail, for the purposes of section 5 of the Bail Act 1976201,
iv
recognizance given by a surety, or
v
representation order; and
c
if relevant, any available details of any—
i
interpreter,
ii
intermediary, or
iii
other supporting adult, where the defendant is assisted by such a person.