PART 9ALLOCATION AND SENDING FOR TRIAL

GENERAL RULES

When this Part applies9

1

This Part applies to the allocation and sending of cases for trial under—

a

sections 17A to 26 of the Magistrates' Courts Act 1980 M1; and

b

sections 50A to 52 of the Crime and Disorder Act 1998 M2.

2

Rules 9.6 and 9.7 apply 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

Rules 9.8 to 9.14 apply in a magistrates' court where the court must allocate the case to a magistrates' court or to the Crown Court for trial.

4

Rules 9.15 and 9.16 apply 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 1998M3.

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 ActM4 and section 19 of the Magistrates' Courts Act 1980M5;

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 ActM6;

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 ActM7.]