Allocation (which court)
How magistrates decide whether an either-way case stays with them or goes to the Crown Court.
For either-way offences, the defendant is first asked how they plead. If they plead not guilty, the magistrates decide whether the case is suitable for a magistrates’ court.
If the magistrates accept it, the defendant can still choose (“elect”) trial by jury at the Crown Court.
Official sources
- Magistrates’ Courts Act 1980, section 17A (legislation.gov.uk)
- A guide to criminal court statistics (Ministry of Justice)
This is a plain-English summary, not legal advice. The official sources above are the authority.
See also
Either-way offence · How a case moves from charge to sentence · All explainers
