Summary Trial and Allocation Procedure
Plea before venue
For an either-way offence the court first follows the plea-before-venue procedure (s.17A MCA 1980). The charge is read and the defendant is asked to indicate a plea. If the indication is guilty, the court convicts and sentences, or commits for sentence under s.14 of the Sentencing Act 2020 where its powers are insufficient. The indication is not a formal plea; if the case is sent for trial the defendant pleads again.
Allocation
If the indication is not guilty, s.19 requires the court to decide whether summary trial is appropriate, considering the nature and seriousness of the case, its sentencing powers (six months' custody per either-way offence, twelve months in aggregate, unlimited fine) and any other relevant circumstances, applying the Sentencing Council's Allocation Guideline. If the court retains the case, the defendant must be told of the right to elect Crown Court trial, and election must be express. If the court declines jurisdiction, the defendant has no choice and the case is sent under s.51 CDA 1998.
Summary trial
Summary trial follows Part 24 CrimPR: charge and plea, prosecution opening, prosecution witnesses (or s.9 CJA 1967 statements where not objected to), a possible Galbraith submission at half time, then the defence case and closing speeches. After conviction the magistrates may commit for sentence if the sentence indicated exceeds their powers.
Traps: treating an indication of guilty as binding; forgetting the aggregate twelve-month figure; confusing committal for sentence with sending for trial; overlooking that a court which accepts jurisdiction can still commit after conviction. Rule of thumb: allocation is decided on the likely sentence indicated by the guideline, not on the label or the notional maximum of the offence.