PART 25TRIAL AND SENTENCE IN THE CROWN COURT

When this Part applies25.1.

This Part applies in the Crown Court where the court tries a case or the defendant pleads guilty.

[Note. The Crown Court’s powers to try an allegation of an offence are contained in sections 45 and 46 of the Senior Courts Act 1981540.

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 the Crown Court must try—

(i)

an offence classified as one that can be tried only in the Crown Court (in other legislation, described as triable only on indictment), and

(ii)

an offence classified as one that can be tried either in a magistrates’ court or in the Crown Court (in other legislation, described as triable either way) that has been allocated for trial in the Crown Court); and

(b)

the defendant’s age (and the general rule is that an allegation of an offence against a defendant under 18 must be tried in a magistrates’ court sitting as a youth court, irrespective of the classification of the offence and without allocation for trial there, unless the offence is—

(i)

one of homicide,

(ii)

one for which a convicted adult could be imprisoned for 14 years or more,

(iii)

one of certain specified offences involving firearms, or

(iv)

one of certain specified sexual offences).

See sections 17 and 24 of the Magistrates’ Courts Act 1980541 and section 51A of the Crime and Disorder Act 1998542.
Under section 34A of the Children and Young Persons Act 1933543, the court—

(a)

may require the defendant’s parents or guardian to attend court with the defendant, where the defendant is under 18; and

(b)

must do so, where the defendant is under 16,

unless satisfied that that would be unreasonable. Part 46 (Representatives) contains rules allowing a parent, guardian or other supporting adult to help a defendant under 18.]