4. Magistrates' Court Procedure, Allocation and Sending
Initial details, pleas, venue, election, committal for sentence and sending indictable and linked offences.
How to study for BSB Criminal Litigation
Prepare for a closed-book assessment by linking every power, gateway, burden, procedure and appellate route to its place in the criminal case.
Core concepts
Concept 1
The prosecution provides initial details so the first hearing can address plea, bail, allocation, case management and representation effectively.
Exam cue: Start with offence classification, plea and co-accused before choosing allocation or sending.
Concept 2
Either-way cases follow plea before venue and allocation, including special rules for low-value shoplifting and criminal damage, before any defendant election.
Exam cue: Explain venue advice through jurisdiction, sentencing powers, evidence procedure, disclosure and reasoned decisions.
Concept 3
Indictable-only and qualifying linked offences are sent to the Crown Court, while different statutory routes permit committal for sentence.
Exam cue: Separate sending for trial from committal after conviction or plea for sentence.
Risk pitfalls and guardrails
Inviting a defendant election before the magistrates complete the allocation decision.
Guardrail: Do not import a current-law change into the assessment merely because it post-dates the syllabus cut-off; use the latest BSB-issued syllabus or amendment for exam scope.
Treating a magistrates' indication of sentence as binding beyond its statutory effect.
Guardrail: Do not import a current-law change into the assessment merely because it post-dates the syllabus cut-off; use the latest BSB-issued syllabus or amendment for exam scope.
Assuming every linked summary offence follows an indictable count to the Crown Court automatically.
Guardrail: Do not import a current-law change into the assessment merely because it post-dates the syllabus cut-off; use the latest BSB-issued syllabus or amendment for exam scope.
Memory anchors
Initial details
Provide enough prosecution material for an informed first hearing and effective case management.
Either-way order
Plea before venue, magistrates' allocation, then defendant election if jurisdiction is accepted.
Election advice
Compare venue, sentence, evidence, disclosure, fact finding and procedural consequences.
Sending
Indictable-only offences and qualifying related charges use the statutory sending route.
Committal for sentence
A separate route transfers sentencing after conviction or plea where statutory conditions apply.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
A defendant attends a first magistrates' hearing in custody. The prosecution has provided only the charge wording and no account of the alleged facts. What should be addressed?
The prosecution serves initial details at the courtroom door despite having had the file for weeks. What case-management response is available?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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