Question to the Ministry of Justice:

To ask the Secretary of State for Justice, which (a) court and (b) judicial body will determine whether an offence is likely to attract a custodial sentence of three years or more for the purposes of allocating the mode of trial.

Criminal cases will continue to start in the magistrates’ court and will be sent to the Crown Court by magistrates where the seriousness or complexity of the case means it is more suitable for trial on indictment.

Post reforms, to determine whether a triable either-way case is eligible for trial in the Crown Court Bench Division, a Crown Court judge will assess whether the case is likely to attract a custodial sentence of three years or less. The process for allocations in the Crown Court will be similar to the existing approach used in the magistrates’ courts. We have full confidence in our judiciary to apply the Sentencing Guidelines appropriately when deciding the mode of trial. Eligibility for the Crown Court Bench Division will be assessed at the first opportunity a defendant has to enter a plea – normally the plea and trial preparation hearing where the judge will consider mode of trial among other case management factors to ensure the case is ready for trial.