KembaraXtra - Legal Terms - Sending for Trial

Sending for trial is the criminal procedure by which indictable offences and offences triable either way are transferred directly from the magistrates’ court to the Crown Court without the need for a committal hearing. This procedure streamlines the criminal justice process by avoiding unnecessary preliminary hearings. It ensures that serious criminal cases reach the appropriate trial court efficiently. The procedure is governed by legislation and the Criminal Procedure Rules. It forms an important part of modern criminal case management.

Under this system, the magistrates’ court performs only limited administrative functions before transferring the case. The court does not determine the defendant’s guilt or innocence at this stage. Instead, it confirms that the offence is one requiring Crown Court trial and formally sends the case onward. The defendant then appears before the Crown Court for further proceedings. This process reduces delay within the criminal justice system.

The procedure applies automatically to indictable-only offences such as murder and rape. It may also apply to certain offences triable either way where statutory conditions are satisfied. Once the case reaches the Crown Court, plea hearings, case management, and any eventual jury trial are conducted there. The Crown Court possesses broader sentencing powers than the magistrates’ court. It is therefore the appropriate forum for more serious offences.

The relevant procedural framework is contained in Part 9 of the Criminal Procedure Rules. These rules regulate the documentation, timing, and administrative requirements associated with sending cases for trial. Compliance with procedural rules promotes fairness and efficiency for both prosecution and defence. Failure to follow the rules may result in procedural difficulties or delays. The rules therefore play an important role in criminal litigation.

Sending for trial reflects the modern approach to criminal procedure in England and Wales. It replaced the older system of committal proceedings for most serious offences. The reform was intended to reduce duplication, simplify case progression, and improve the administration of justice. By transferring cases directly to the Crown Court, resources are used more efficiently. The procedure remains a central feature of contemporary criminal practice.