PART 9ALLOCATION AND SENDING FOR TRIAL
ALLOCATION FOR MAGISTRATES’ COURT OR CROWN COURT TRIAL
Young defendantI19.13
1
This rule applies where—
a
the defendant is under 18; and
b
the court must decide whether to send the defendant for Crown Court trial instead of ordering trial in a youth court.
2
The court must read the allegation of the offence to the defendant.
3
The court must explain, in terms the defendant can understand (with help, if necessary)—
a
the allegation, unless it is self-explanatory;
b
that the offence is one which can be tried in the Crown Court instead of in a youth court;
c
that the court is about to ask whether the defendant intends to plead guilty;
d
that if the answer is ‘yes’, then the court must treat that as a guilty plea and must sentence the defendant, or commit the defendant to the Crown Court for sentence;
e
that if the defendant does not answer, or the answer is ‘no’, then the court must decide whether to send the defendant for Crown Court trial instead of ordering trial in a youth court; and
f
that reporting restrictions apply, which the defendant may ask the court to vary or remove.
4
The court must then ask whether the defendant intends to plead guilty.
5
If the defendant’s answer to that question is ‘yes’, the court must exercise its power to deal with the case—
a
as if the defendant had just pleaded guilty at a trial in a youth court; and
b
in accordance with rule 24.11 (Procedure if the court convicts).
6
If the defendant does not answer that question, or the answer is ‘no’, in the following sequence the court must then—
a
invite the prosecutor to make representations about whether Crown Court or youth court trial is more appropriate;
b
invite the defendant to make such representations; and
c
exercise its power to allocate the case for trial, taking into account—
i
the offence and the circumstances of the offence,
ii
the suitability of a youth court’s sentencing powers,
iii
where the defendant is jointly charged with an adult, whether it is necessary in the interests of justice for them to be tried together in the Crown Court, and
iv
any representations by the parties.
[Note. See section 24A of the Magistrates’ Courts Act 1980258.
For the circumstances in which a magistrates’ court may (and, in some cases, must) commit a defendant who is under 18 to the Crown Court for sentence after that defendant has indicated a guilty plea, F1see sections 16, 17, 19 and 20 of the Sentencing Act 2020.]