PART 9ALLOCATION AND SENDING FOR TRIAL

ALLOCATION FOR MAGISTRATES’ COURT OR CROWN COURT TRIAL

Adult defendant: not guilty plea9.10

1

This rule applies where—

a

rule 9.8 applies; and

b

the defendant—

i

indicates an intention to plead not guilty, or

ii

gives no indication of intended plea.

2

In the following sequence, the court must then—

a

where the offence is one to which section 22 of the Magistrates’ Courts Act 1980 applies, explain in terms the defendant can understand (with help, if necessary) that—

i

if the court decides that the value involved clearly is less than £5,000, the court must order trial in a magistrates’ court,

ii

if the court decides that it is not clear whether that value is more or less than £5,000, then the court will ask whether the defendant agrees to be tried in a magistrates’ court, and

iii

if the answer to that question is ‘yes’, then the court must order such a trial and if the defendant is convicted then the maximum sentence is limited;

b

invite the prosecutor to—

i

identify any previous convictions of which it can take account, and

ii

make representations about how the court should allocate the case for trial, including representations about the value involved, if relevant;

c

invite the defendant to make such representations;

d

where the offence is one to which section 22 of the Magistrates’ Courts Act 1980 applies—

i

if it is not clear whether the value involved is more or less than £5,000, ask whether the defendant agrees to be tried in a magistrates’ court,

ii

if the defendant’s answer to that question is ‘yes’, or if that value clearly is less than £5,000, order a trial in a magistrates’ court,

iii

if the defendant does not answer that question, or the answer is ‘no’, or if that value clearly is more than £5,000, apply paragraph (2)(e);

e

exercise its power to allocate the case for trial, taking into account—

i

the adequacy of a magistrates’ court’s sentencing powers,

ii

any representations by the parties, and

iii

any allocation guidelines issued by the Sentencing Council.

[Note. See sections 17A, 18, 19, 22 and 24A of the Magistrates’ Courts Act 1980184.

Under section 22 of the 1980 Act, some offences, which otherwise could be tried in a magistrates’ court or in the Crown Court, must be tried in a magistrates’ court in the circumstances described in this rule.

The convictions of which the court may take account are those specified by section 19 of the 1980 Act.

The Sentencing Council may issue allocation guidelines under section 122 of the Coroners and Justice Act 2009185.]