Allocation (mode of trial)

The magistrates' decision on whether an either-way case is tried in the magistrates' court or sent to the Crown Court.

Allocation is the stage where magistrates decide whether an either-way offence should be tried in the magistrates' court or the Crown Court. It happens when a defendant indicates a not guilty plea, or gives no indication, at the plea before venue stage. The court hears both sides and follows the Sentencing Council's allocation guideline: cases should normally stay in the magistrates' court unless the likely sentence would clearly be beyond the court's powers (currently 12 months for a single either-way offence) or the case is unusually complex. If the magistrates decline jurisdiction, the case is sent to the Crown Court. If they accept it, you can agree to be tried by magistrates or elect trial by jury. You can ask for an indication of whether a sentence would be custodial if you pleaded guilty. Magistrates who try a case can still commit it to the Crown Court for sentence.

Checked as at 25 September 2026. General information only, not legal advice.