Recommendation 3

The removal of the right to elect for Crown Court trial will have a major impact on the allocation of cases between the magistrates’ court and the Crown Court. We are concerned by the lack of reliable data on which to base an estimate of the number of cases that will be retained in the magistrates’ court because of the removal of the right to elect. We encourage the government to share much more robust data as soon as possible. It is difficult to predict how magistrates’ courts will approach the allocation of cases under the proposals in the bill, especially as magistrates’ sentencing powers are set to be increased to 18 months, 88 but could also be increased to 24 months. As a result, it is also unclear to what extent the magistrates’ courts will retain cases that fall within their sentencing powers. (Conclusion, Paragraph 22)