PART 9ALLOCATION AND SENDING FOR TRIAL

GENERAL RULES

When this Part appliesI49.1

1

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

a

sections 17A to 26 of the Magistrates’ Courts Act 1980228; and

b

sections 50A to 52 of the Crime and Disorder Act 1998229.

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.

F104

Rule 9.15 applies in a magistrates’ court where, after applying other rules in this Part, the court can commit for sentence to the Crown Court a defendant who pleads guilty to an offence related to one sent for trial there.

F12[Note. At the first hearing in a magistrates’ court the court may (and in some cases must) order trial in that court, or may (and in some cases must) send the defendant to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998.

The decision depends upon—

a

the classification of the offence (and the general rule, subject to exceptions, is that an offence classified as triable only on indictment must be sent to the Crown Court for trial; an offence classified as triable only summarily must be tried in a magistrates’ court; and an offence classified as triable either way, on indictment or summarily, must be allocated to one or the other court for trial, subject to the defendant’s right to choose Crown Court trial: see in particular sections 50A, 51 and 51A of the 1998 Act and section 19 of the Magistrates’ Courts Act 1980);

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 Act);

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;

e

in some cases (destroying or damaging property; aggravated vehicle taking), whether the value involved is more or less than £5,000; and

f

in a case of low-value shoplifting, whether the defendant chooses Crown Court trial: see section 22A of the 1980 Act.

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 Act234.]

Exercise of magistrates’ court’s powersI19.2

1

This rule applies to the exercise of the powers to which rules 9.6 to 9.14 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—

F11a

where rule 9.7 (Sending for Crown Court trial) applies, if the defendant is represented;

F5b

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; F3...

F5c

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 F4and

F8d

where rule 9.15 (Committal for sentence for offence related to an offence sent for trial) applies, unless—

i

it appears to the court to be contrary to the interests of justice to do so, and

ii

the court considers that there is an acceptable reason for the defendant’s absence.

F94

The court—

a

at the first hearing in the case must require a defendant who is present to provide, in writing or orally, his or her name and date of birth;

b

at any subsequent hearing may require such a defendant to provide that information by those means; and

c

may exercise its power to adjourn—

i

if either party asks, or

ii

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 and sending 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 1998235 and sections 17A, 17B, 17C, 18, 23, 24A, 24B and 24C of the Magistrates’ Courts Act 1980236.

Under sections 57A to 57E of the 1998 Act237, 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 Act238.

Under section 52A of the 1998 Act239, reporting restrictions apply to the proceedings to which rules 9.6 to 9.14 apply.

F2Under section 86A of the Courts Act 2003, Criminal Procedure Rules must specify stages of proceedings at which the court must require the information listed in rule 9.2(4) and may specify other stages of proceedings when such requirements may be imposed. A person commits an offence if, without reasonable excuse, that person fails to comply with such a requirement, whether by providing false or incomplete information or by providing no information.

Part 46 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 trialI39.3

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 1998240.]

Annotations:
Commencement Information
I3

Rule 9.3 in force at 5.10.2020, see Preamble

Duty of justices’ legal adviserI29.4

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; and

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; and

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 2003241.]

Annotations:
Commencement Information
I2

Rule 9.4 in force at 5.10.2020, see Preamble

Duty of magistrates’ court officerI59.5

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 decision by the defendant under rule 9.7 (Sending for Crown Court trial) to require Crown Court trial for low-level shoplifting,

iii

any indication given by the defendant under rule 9.7 of intended guilty plea,

iv

any decision by the defendant under rule 9.11 (Adult defendant: allocation to magistrates’ court for trial) to decline magistrates’ court trial, F6...

F13v

any opinion stated by the court under rule 9.15 (Committal for sentence for offence related to an offence sent for trial), and

F7vi

the date on which any custody time limit will expire;

c

record any indication of likely sentence to which rule 9.11 F1or rule 9.13 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 8.2;

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 1976242,

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.

[Note. See sections 51 and 51D of the Crime and Disorder Act 1998243, and section 20A of the Magistrates’ Courts Act 1980244.]