A Level Law Practice Exam

Who determines if a case should be allocated to Crown Court for trial?

1. The prosecution

2. The legal advisor

3. The magistrates

4. The defendant

The correct answer is: The magistrates

The allocation of a case to the Crown Court for trial is determined by the magistrates. In the English legal system, when a case is brought before the magistrates' court, the magistrates assess the nature of the offense and the severity of the allegations. They consider factors such as the potential punishment and any relevant legal provisions. If the offense is serious enough, magistrates can decide to send the case to the Crown Court for trial. This process is known as "committal for trial." The magistrates evaluate the circumstances surrounding the case, including the evidence presented by the prosecution and any arguments from the defense, to make this determination. This allocation process serves to ensure that cases are heard in the appropriate court based on their complexity and seriousness, aligning with the judicial system's structure and procedures. The other options do not have the authority in this specific allocation process. The prosecution may present arguments for the seriousness of the case, but ultimately it is the magistrates who have the final say. The legal advisor provides guidance but does not make the decision. The defendant's preferences may be voiced but do not have the power to allocate the case for trial.