FLK2 · Criminal Practice

Classification of offences & allocation

SQE1 revision notes — the key rules, leading cases and common traps for this topic, in plain English and current to 2026.

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 12 months' custody for a single either-way offence — the s.224 Sentencing Act 2020 power, back in force from 18 November 2024 (Sentencing Act 2020 (Magistrates' Court Sentencing Powers) (Amendment) Regulations 2024, SI 2024/1067). Up to 12 months aggregate for two or more either-way offences sentenced consecutively (s.133 MCA 1980). Summary-only offences stay capped at 6 months. (Timeline: raised to 12 months 2 May 2022 → reverted to 6 months 30 March 2023 → restored to 12 months 18 November 2024.)
  • 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).

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A woman is the treasurer of a small amateur football club. Members pay £20 each month in cash. Under the club rules she accepted on becoming treasurer, she must bank the subscriptions into the club's dedicated account within seven days. One month she receives £200 in subscriptions and spends the cash on her own gas bill that same day. She intends to replace the money from her wages before anyone notices, and pays an equivalent £200 into the club account two weeks later. Which statement best explains how section 5(3) of the Theft Act 1968 applies to the subscriptions when she pays the gas bill?

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More Criminal Practice topics

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Independent SQE1 revision notes for study — not legal advice; check primary sources before relying on any point. Exam rules are set by the SRA; see the official SQE site.

Classification of offences & allocation — SQE1 revision notes (FLK2) | Lawdojo