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Allocation and sending meaning

What does Allocation and sending mean?
In criminal practice, this describes how a magistrates’ court decides where an adult either‑way case will be tried and, where appropriate, transfers it to the Crown Court. In England and Wales, the court first takes plea before venue, then makes the mode of trial decision (allocation) under the Magistrates’ Courts Act 1980 and the Sentencing Council’s Allocation Guideline. If suitable for summary trial and the defendant consents, the case stays in the magistrates’ court; otherwise the court sends the case to the Crown Court. Indictable‑only offences are sent immediately without allocation. A defendant may elect Crown Court trial for either‑way offences. Related offences and co‑defendants can be sent to enable a single Crown Court trial. “Sending” is the statutory mechanism under section 51 of the Crime and Disorder Act 1998; the procedure is set out in criminal procedure rules, Part 9. Committal proceedings for trial have been abolished; sending is now the transfer route. The allocation and sending decision affects custody/bail status, custody time limits, disclosure and case management, and the applicable sentencing powers. Usage is specific to England and Wales. Scotland (summary/solemn forum), Northern Ireland (committal or direct committal), and Ireland (summary disposal or return for trial) have analogous processes but...
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View the related Practice Notes about Allocation and sending

PRACTICE NOTES
UK Authorised Push Payment (APP) Fraud Reimbursement Regime: FPS and CHAPS Rules, 50:50 Sharing, £85,000 Cap, Exceptions, Deadlines, and FCA/PSR/BoE Oversight

Introduction On 7 October 2024, the Payment Systems Regulator (PSR) and the Bank of England unveiled a compulsory reimbursement regime for payment services providers (PSPs) when customers fall victim to Authorised Push Payment (APP) fraud. As the PSR describes it, APP fraud arises where a criminal deceives someone (often a consumer) into sending funds to an account they do not control. The principal scam types include: ‘malicious payee’—for example, a fraudster induces a person to pay for goods that do not exist or are never delivered; ‘malicious redirection’—for instance, a criminal impersonates a member of bank staff to persuade someone to move money from their bank account into the fraudster’s account. In-scope payment firms The APP fraud reimbursement duty applies to these categories of payment firms: all payment firms participating in the Faster Payments Scheme (FPS) that provide relevant accounts; and all payment firms participating in the Clearing House Automated Payment System (CHAPS) that provide relevant accounts....

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PRACTICE NOTES
Either-way offences not sent forthwith: plea before venue, allocation and Crown Court sending in the magistrates' court (England and Wales)

This Practice Note outlines the process for plea before venue and allocation where an either-way offence is not sent straight to the Crown Court for trial... Procedure for either-way offences not sent forthwith to the Crown Court for trial: plea before venue and allocation If the court determines that trial should take place in the Crown Court, the case must be sent there forthwith. In all other cases—save where the offence is indictable only, or an either-way matter falling within the specific circumstances described in the Practice Note: Allocation and Sending for Trial—Sending of Cases Forthwith to the Crown Court for Trial—the court should take a plea before venue under MCA 1980, s 17A, and then address allocation. The governing procedure is set out in the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 9...

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PRACTICE NOTES
Sending cases forthwith to the Crown Court: CrimPR 2025 r 9.7, CDA 1998 ss 50A–51C, related offences, and remittal powers (England and Wales)

Sending of cases forthwith to the Crown Court for trial An adult defendant must be sent without delay to the Crown Court in the following circumstances: indictable only offences specified either way offences, eg serious or complex fraud, certain matters involving children, or where there is a linked indictable only offence and the same or another defendant is being sent to the Crown Court (see below, Either-way offences) Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, r 9.7 sets out how a case is to be sent to the Crown Court for trial (covering both indictable only and either way offences). In particular: if the defendant is present, the court must read and explain the allegation to the defendant, state the reason the case must be sent to the Crown Court, and provide information regarding any reporting restrictions...

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