Allocation - Adults

Allocation - Adults

1. Indictable only

2. summary only

3. triable either way

   • plea?
     • guilty
       • sentencing powers great enough?
         • if yes - sentence
         • if no - sent to CC
     • not guilty
       • prosecution address the bench
         • can be one magistrate, usually two
         • suitable for summary?
           • sentencing powers
           • prosecution submissions
           • defence submissions
           • sentencing guidelines
           • SGC allocation guideline
           • yes
             • the defendant can choose
               • must be told can still be sent up for sentencing
               • case appears suitable for summary trial
               • indication of sentence
                 • D must ask
                 • Mags do not have to give
                 • If given the D can choose to enter a plea
                   • If enters G then the magistrates cannot give a custodial sentence unless they indicated that they would
                   • If no G plea then Mags are not bound by the indication
               • P can make a rep if they think the mags do not have sufficient sentencing power
               • Can choose to be tried by a jury - case sent up to CC
               • Magistrates court
                 • less time, less stress
                 • Prosecution & D costs less
                 • no obligation to serve D statement

4. Criminal damage

   • less than £5k - summary only
   • more than £5K EW
   • Market value at time not consequential loss

5. Crown court

   • greater chance of aquittal
   • More time to prepare
   • better proce for challenging admissibility

6. applies

   • over 18
   • EW offence
   • NG plea