PART 9ALLOCATION AND SENDING FOR TRIAL
SENDING WITHOUT ALLOCATION FOR CROWN COURT TRIAL
Prosecutor’s notice requiring Crown Court trialI19.6
1
This rule applies where a prosecutor with power to do so requires a magistrates’ court to send for trial in the Crown Court—
a
a case of serious or complex fraud; or
b
a case which will involve a child witness.
2
The prosecutor must serve notice of that requirement—
a
on the magistrates’ court officer and on the defendant; and
b
before trial in a magistrates’ court begins under Part 24 (Trial and sentence in a magistrates’ court).
3
The notice must identify—
a
the power on which the prosecutor relies; and
b
the Crown Court centre at which the prosecutor wants the trial to take place.
4
The prosecutor—
a
must, when choosing a Crown Court centre, take into account the matters listed in rule 9.3(3) (court deciding to which Crown Court centre to send a case); and
b
may change the centre identified before the case is sent for trial.
[Note. Under section 51B of the Crime and Disorder Act 1998245, the Director of Public Prosecutions or a Secretary of State may require the court to send a case for trial in the Crown Court if, in that prosecutor’s opinion, the evidence of the offence charged—
a
is sufficient for the person charged to be put on trial for the offence; and
b
reveals a case of fraud of such seriousness or complexity that it is appropriate that the management of the case should without delay be taken over by the Crown Court.
Under section 51C of the Crime and Disorder Act 1998246, the Director of Public Prosecutions may require the court to send for trial in the Crown Court a case involving one of certain specified violent or sexual offences if, in the Director’s opinion—
a
the evidence of the offence would be sufficient for the person charged to be put on trial for that offence;
b
a child would be called as a witness at the trial; and
c
for the purpose of avoiding any prejudice to the welfare of the child, the case should be taken over and proceeded with without delay by the Crown Court.
‘Child’ for these purposes is defined by section 51C(7) of the 1998 Act.]