Plea Before Venue

Introduction

Where a defendant is charged with an **either-way offence**, the magistrates' court must carry out two linked procedures before the case can progress: **plea before venue** (**s. 17A Magistrates' Courts Act 1980**) and **allocation** (**ss. 19–20 MCA 1980**). This chapter explains how the court first ascertains the defendant's intended plea, what happens on a **guilty indication** (sentence or **committal for sentence under s. 14 Sentencing Act 2020**), and the **two-stage allocation procedure** that follows a **not guilty indication** — the court's decision on venue (s. 19) and the **defendant's absolute right to elect** Crown Court trial (s. 20). It also covers the **indication of sentence** under **s. 20(4)**, how to **advise a client on trial venue**, and the special treatment of **low-value shoplifting under s. 22A MCA 1980**.

Assessment focus

Plea before venue and allocation are **heavily tested in FLK2**, both as standalone procedure questions and within wider criminal litigation scenarios. You must be able to **apply** the statutory framework to a client's facts: identify the correct procedure for an either-way offence, distinguish between the **court's decision on jurisdiction** and the **defendant's right to elect**, and recognise when the magistrates should **commit for sentence**. Single best answer questions frequently turn on common traps — confusing the defendant's election with the court's decision, misstating the magistrates' maximum custodial sentence (**12 months for a single either-way offence**), or wrongly applying **s. 51 CDA 1998** (indictable-only) to an either-way matter. This is a closed-book assessment: learn the **section numbers** and the practical consequences of each step.

Study tips

1) Memorise the **section map**: plea before venue = **s. 17A**; committal for sentence = **s. 14 SA 2020**; allocation (court's decision) = **s. 19**; indication of sentence = **s. 20(4)**; defendant's election = **s. 20**; low-value shoplifting = **s. 22A**. 2) Remember a guilty **indication** is **treated as a guilty plea** — the court proceeds to sentence. 3) The magistrates' maximum custodial sentence for a **single** either-way offence is **12 months** (s. 224 Sentencing Act 2020, as amended). 4) Distinguish carefully: the **court** decides jurisdiction (s. 19); only if the court **accepts** jurisdiction does the **defendant** get to elect (s. 20). If the court **declines** jurisdiction, the Crown Court is **compulsory**. 5) The **defendant's election is an absolute right** — no reasons, no veto by court or prosecution. 6) An **indication of sentence** is **optional** for the court; it is **not generally binding** (s. 20A MCA 1980), but if a **non-custodial** sentence is indicated and the defendant then pleads guilty in reliance on it, **no court may impose custody**.