Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Allocation and sending definition

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...

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)

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Practice notes

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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Web page updated on 27/05/2026

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