Allocation and sending procedure

A procedure where the youth or adult magistrates’ court can send a case to a Crown Court. This usually takes place at the first appearance. 

For children, there is a presumption that any criminal case with a child defendant is to be heard in the youth court.  However, the court has the discretion to try a child somewhere other than the youth court, and therefore undertake an allocation procedure. 

If a child has an adult co-defendant they will generally have their first appearance in the adult magistrates court since an adult cannot appear in the youth court.  However, the court can separate the child’s case from the adults unless they feel it is in the interests of justice to try them together in the adult courts. 

If a child has been charged with an offence that is a grave crime  the youth court can decide to send the child for trial and or sentence in the crown court if they feel that they feel that there is a real prospect that a sentence in excess of two years detention will be imposed.