What Happens to the Summary Offence in the Magistrates Court?
The purpose of the Criminal Justice Act 1988 section 41 and the Crime and Disorder Act 1998 section 51 is that all relevant summary offences should also go to the Crown Court when a defendant is committed or sent for trial. Where a summary offence is committed or sent to the Crown Court, it is treated as adjourned sine die in the magistrates’ court pending the outcome of the Crown Court case, ss. 41(1) and 51(9).In these circumstances, you will need to mark the file clearly, so that it will be referred to you as soon as the Crown Court case is completed. If the Crown Court does not deal with it (by trial under CJA 1988 s.40 or sentence or dismissal under CJA 1988 s.41 and CDA 1998 s.51 Sch.3), a decision must be made to discontinue or re-institute proceedings in the magistrates’ court. If the offence was taken into account in the sentence for the Crown Court case, you should normally not proceed with the summary matters, (see R v Little, Independent Law Reports 15th August 1988).
