Classification of offences & allocation

CRP.04 — Classification of Offences & Allocation

The three classes

• Summary-only — tried in the magistrates' court only (e.g. common assault, battery, low-value criminal damage, most road traffic).
• Indictable-only — tried in the Crown Court only (e.g. murder, manslaughter, rape, robbery).
• Either-way — triable in either court (e.g. theft, ALL fraud, assault occasioning ABH, most criminal damage). These trigger the allocation procedure.

Adult either-way: plea before venue then allocation

1. Plea before venue (s.17A MCA 1980): defendant indicates plea.
2. Guilty indication → magistrates proceed to sentence, but may commit to Crown Court for sentence if their powers are insufficient (s.14 SA 2020).
3. Not guilty / no indication → allocation (ss.19–21 MCA 1980). Magistrates decide if their sentencing powers are adequate, applying the Allocation Guideline (presumption: either-way cases tried summarily unless sentence likely to exceed their powers).
4. If magistrates decline jurisdiction → Crown Court (defendant has no choice).
5. If magistrates accept jurisdiction → defendant chooses: summary trial or elect Crown Court trial (defendant always has the right to elect; the prosecution does not).
6. Defendant may request an indication of sentence (custodial/non-custodial) before deciding plea/venue (s.20(3)).

Sending and committal

• Indictable-only: sent forthwith to Crown Court under s.51 CDA 1998 (no allocation, no committal — plea is taken at the PTPH).
• Either-way going to Crown Court: also sent under s.51.

Magistrates' sentencing powers — current figures

• Maximum 6 months' custody for a single either-way offence; 6 months aggregate for two or more either-way offences (consecutive terms capped at 6 months — s.133 MCA 1980 — now that the single-offence power has reverted to 6 months). (The temporary 12-month single-offence power, which also lifted the either-way aggregate cap to 12 months, was reverted to 6 months from 30 March 2023.)
• Unlimited fine since s.85 LASPO 2012.

Common traps

• Low-value criminal damage (≤£5,000): treated as summary-only — no right to elect Crown Court (s.22 MCA). Multiple counts: aggregate value test. Exception: arson/criminal damage by fire is always either-way regardless of value.
• The defendant elects, never the prosecution.
• A guilty plea at plea before venue is not a verdict — magistrates can still commit for sentence.
• Don't confuse committal for sentence (s.14 SA 2020) with sending for trial (s.51 CDA).
• Youths: tried in the youth court even for either-way offences, with limited exceptions (homicide, certain firearms, grave crimes, dangerousness, jointly charged with an adult).