Plea & allocation
Offences are classified as summary-only, either-way, or indictable-only, which determines where they are tried. For either-way offences the plea before venue and allocation procedure decides the trial venue.
What "Plea & allocation" covers
- Summary-only offences are tried in the magistrates' court; indictable-only offences are sent to the Crown Court under s.51 Crime and Disorder Act 1998.
- Either-way offences follow plea before venue: the defendant indicates a plea before allocation is considered.
- On a guilty plea before venue the magistrates proceed to sentence, but may commit to the Crown Court for sentence if their powers are insufficient.
- On a not-guilty indication, the court conducts allocation: it decides whether the case is suitable for summary trial, considering the Allocation Guideline and sentencing powers.
- If the magistrates accept jurisdiction, the defendant may still elect Crown Court trial by jury; if they decline jurisdiction the case is sent to the Crown Court.
- The defendant may request an indication of sentence before electing, but the court is not obliged to give one.
- Certain criminal damage offences of low value are treated as summary-only, and specified low-value shoplifting is triable summarily but the adult defendant retains the right to elect Crown Court trial.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For plea & allocation, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Confusing the classification: either-way offences are not automatically Crown Court cases — venue depends on plea before venue and allocation.
- Forgetting that accepting jurisdiction does not bind the defendant, who may still elect Crown Court trial.
- Assuming a guilty plea in the magistrates' court caps the sentence — the court can still commit for sentence to the Crown Court.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on plea & allocation.
FAQ
Is plea & allocation tested on SQE1?
Yes — plea & allocation is part of the SQE1 Criminal Litigation syllabus (FLK2) and can appear in single best answer questions.
How is plea & allocation examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (s.51 Crime and Disorder Act 1998, Magistrates' Courts Act 1980 s.17A-20 (plea before venue/allocation)) helps.