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

Plea before venue (s.17A MCA 1980): defendant indicates plea.
Guilty indication → magistrates proceed to sentence, but may commit to Crown Court for sentence if their powers are insufficient (s.14 SA 2020).
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).
If magistrates decline jurisdiction → Crown Court (defendant has no choice).
If magistrates accept jurisdiction → defendant chooses: summary trial or elect Crown Court trial (defendant always has the right to elect; the prosecution does not).
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, which the woman is instructed by the club's rules to bank into the club's dedicated account within seven days. One month she receives £200 in subscriptions but, being short of money, uses the cash to pay her own gas bill. She intends to replace the £200 from her wages before anyone notices, and she does in fact pay an equivalent £200 into the club account two weeks later. The woman is charged with theft of the £200. Which of the following is the strongest basis for finding the property belonged to another at the time she used it?

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