Recommendation 32

The determination whether to allocate an either-way case to the Crown Court Bench division will have significant implications for the defendant and everyone else involved in the case. The determination will be based on an early assessment of the circumstances of a case and may, in some situations, involve complex analysis and difficult judgments. As a result of both of these factors, it seems anomalous that it would not be possible to challenge the determination by way of appeal. There is also uncertainty as to whether allocation decisions in the Crown Court will be capable of being judicially reviewed. (Conclusion, Paragraph 123)