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Magistrates' court or Crown Court: types of offence and allocation

Updated 2026-11-04 · Checked against sources 2026-11-04 · England & Wales

Every adult criminal case starts in the magistrates' court. Summary offences stay there, indictable-only offences are sent to the Crown Court, and either-way offences can be tried in either court, depending on plea, the magistrates' allocation decision and the defendant's right to elect jury trial.

Three types of offence

Allocation of either-way offences

At the first hearing the defendant indicates a plea (Magistrates' Courts Act 1980 s.17A). If they indicate guilty, the magistrates either sentence or commit the case to the Crown Court for sentence if their powers are insufficient. If they indicate not guilty, the court decides whether the case is suitable for summary trial, applying the Sentencing Council's allocation guideline (ss.19 to 20). The defendant can ask whether a custodial sentence would be likely on a guilty plea. If the magistrates accept jurisdiction, the defendant can still elect jury trial in the Crown Court. A defendant convicted after trial in the magistrates' court can still be committed to the Crown Court for sentence.

The practical differences

Reforms not yet in force

The Courts and Tribunals Bill passed the House of Commons in October 2026 and is now in the House of Lords. It would remove the right to elect jury trial for either-way offences and allow magistrates' powers to be raised to 18 or 24 months. A proposed judge-only Crown Court "Bench Division" was dropped. None of this is law yet.

In practice

Electing jury trial is a significant tactical decision that should be made with advice, weighing the evidence, the likely sentence and the delay.

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Authorities: Magistrates' Courts Act 1980 ss.17A to 25 (including ss.22 and 22A); Crime and Disorder Act 1998 s.51; Sentencing Act 2020 ss.14, 224; Sentencing Council, Allocation definitive guideline; Criminal Procedure and Investigations Act 1996 ss.5 to 6; Courts and Tribunals Bill 2026-27 (not enacted)

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