2.4 Sending for Trial & Committal for Sentence
Key Takeaways
- Indictable-only offences are sent forthwith to the Crown Court under section 51(1) CDA 1998, together with any related either-way or summary offence that satisfies the statutory test.
- A linked summary offence sent under section 51(3) or (11) can only be dealt with in the Crown Court if the defendant pleads guilty to it; if the plea is not guilty the Crown Court has no power to try it.
- When the Crown Court sentences for a linked summary offence it is confined to the sentencing powers of a magistrates' court.
- The Sentencing Code contains several distinct committal-for-sentence powers in sections 14 to 20, and section 14 is the general power following summary trial or an indicated guilty plea to an either-way offence.
- Where the committal is under section 20(2) or 20(4), section 23 cuts the Crown Court's sentencing powers down to those of the magistrates' court.
2.4 Sending for Trial & Committal for Sentence
Two entirely different mechanisms move a case from the magistrates' court to the Crown Court, and SBA questions punish candidates who blur them. Sending (s.51 Crime and Disorder Act 1998) happens before trial and is about jurisdiction to try. Committal for sentence (Sentencing Code, ss.14–20) happens after conviction and is about jurisdiction to punish. A defendant convicted in the magistrates' court is never "sent"; a defendant awaiting trial is never "committed for sentence".
1. Sending for trial: section 51 CDA 1998
Where an adult appears before a magistrates' court charged with an indictable-only offence, the court must send the defendant forthwith to the Crown Court for trial (s.51(1)). No plea is taken and no evidence is heard. The court's residual functions at that hearing are bail, legal aid, and reporting restrictions.
The section then sweeps in other matters so that a defendant is not tried twice:
| Category | Provision | Test |
|---|---|---|
| Related either-way offence charged at the same time | s.51(1)(b), s.51(3) | The offence "appears to the court to be related" to the indictable-only offence — i.e. it could lawfully be joined in the same indictment |
| Related summary offence | s.51(3)(b), s.51(11) | It is punishable with imprisonment or disqualification from driving and appears to be related |
| Co-accused adult charged jointly or with a related either-way offence | s.51(3), s.51(4) | Sent on the same or a subsequent occasion |
| Youth co-accused | s.51(7) | Sent only if it is necessary in the interests of justice to try them together |
| Subsequent related charges | s.51(4)–(6) | May be sent at a later hearing |
The court must serve a notice under s.51D specifying the offence or offences for which the defendant is sent and the place of trial.
The linked summary offence trap
A summary offence sent under s.51(3) or (11) travels to the Crown Court, but the Crown Court's power over it is severely limited (CDA 1998, Sch. 3, para. 6):
- If the defendant is convicted on indictment, the Crown Court asks the defendant to plead to the summary offence.
- If the defendant pleads guilty, the Crown Court may sentence — but only within the sentencing powers of a magistrates' court.
- If the defendant pleads not guilty, the Crown Court has no power to try the summary offence. It ceases to be before the Crown Court and can only be dealt with in the magistrates' court.
- If the defendant is acquitted on the indictment, the summary offence likewise cannot be tried in the Crown Court.
That is the single most examinable point in this topic: a linked summary offence is a sentencing passenger, not a trial passenger.
2. Committal for sentence
The Sentencing Code gathers a family of committal powers. The syllabus states expressly that knowledge is "limited to the fact that there are different provisions relating to different circumstances", so the examinable skill is recognising which situation you are in — not reciting the whole of ss.14 to 20.
| Situation | Power |
|---|---|
| Adult convicted of an either-way offence on summary trial, or who indicated a guilty plea at plea before venue, and the offence is so serious that the Crown Court should have the power to deal with it | s.14 |
| Youth convicted of certain offences on summary trial (including grave crimes and dangerous-offender cases) | s.15, s.16 |
| Dangerous offender provisions engaged | ss.18–19 |
| Committal of other offences the court could otherwise sentence, alongside a "relevant offence" already being committed | s.20(2) (relevant offence either way) and s.20(4) (relevant offence summary) |
The crucial limit. Where an either-way offence is committed under s.20(2) or s.20(4), section 23 confines the Crown Court to the sentencing powers of the magistrates' court for that offence. A committal under s.14, by contrast, unlocks the Crown Court's full powers for that offence, up to the statutory maximum.
Committal for sentence is not defeated by the magistrates having accepted jurisdiction at allocation. Accepting jurisdiction is a decision on venue made before the facts are proved; the power to commit survives conviction precisely because the facts may turn out worse than the papers suggested. But note the counterweight: since 18 November 2024 the magistrates can impose 12 months for a single either-way offence (Sentencing Code, s.224(1A)(b)), so committal is only appropriate where more than 12 months, or a Crown Court–only order, is realistically in play.
3. Practical sequencing
An SBA will often give you a defendant facing an indictable-only offence and an either-way offence and a summary offence. Work in this order:
- Identify the indictable-only offence → must be sent under s.51(1).
- Ask whether each other offence is related → either-way related offences are sent; summary offences are sent only if imprisonable or carrying disqualification.
- If there is no indictable-only offence, the either-way offence goes through plea before venue and allocation in the ordinary way; a summary offence can only ride along under s.51(11) if the either-way offence is itself sent.
- After conviction, ask whether the sentencing powers are adequate → if not, consider committal, and check whether s.23 caps the Crown Court.
Exam traps in this section
- A not guilty plea to a linked summary offence in the Crown Court is fatal to Crown Court jurisdiction over that offence.
- Committal under s.20(2)/(4) does not unlock full Crown Court powers — s.23 caps them.
- A youth co-accused is not automatically sent with the adult: the test is whether it is necessary in the interests of justice to try them together.
- Sending is not a merits filter. If the defence say the evidence is weak, the remedy is an application to dismiss in the Crown Court, not resistance to sending.
A defendant is sent to the Crown Court for trial on a charge of robbery, together with a linked summary offence of driving while disqualified sent under section 51(11) CDA 1998. The defendant is convicted of robbery by the jury but pleads not guilty to the driving matter. What can the Crown Court do about the summary offence?
Magistrates accept jurisdiction over an either-way charge of fraud and the defendant consents to summary trial. After conviction, the pre-sentence report and the true scale of the loss reveal that the appropriate sentence is around two years' custody. What is the correct course?
A 16-year-old is jointly charged with an adult on an indictable-only offence of robbery. The adult must be sent to the Crown Court. What test governs whether the youth is sent as well?