Sending an adult co-defendant jointly charged with a related either-way offence (CDA 1998 s.51(5))
Jade Thompson and Lewis Park, both adults, appear together before a magistrates' court in England. Jade is charged with robbery, which is triable only on indictment. Arising from the same incident, Jade and Lewis are jointly charged with assault occasioning actual bodily harm, an either-way offence. The court sends Jade to the Crown Court for the robbery and for the related assault.
How should the court deal with Lewis?
Choose one answer to see the reasoning.
Worked answer
Correct answer B: It must send Lewis to the Crown Court for trial forthwith for the assault.
THE RULE TO REMEMBER
An adult jointly charged with a sent defendant with a related either-way offence must be sent forthwith if appearing on the same occasion; on a later occasion sending is discretionary.
Sending an adult co-defendant jointly charged with a related either-way offence (CDA 1998 s.51(5))
Section 51(1) of the Crime and Disorder Act 1998 requires an adult charged with an indictable-only offence, such as robbery, to be sent to the Crown Court forthwith. Under s.51(3), the court must at the same time send her for any related either-way offence, so Jade is sent for the assault as well. Section 51(5) deals with another adult who appears on the same or a later occasion charged jointly with the sent defendant with a related either-way offence: the court 'shall where it is the same occasion, and may where it is a subsequent occasion' send that adult forthwith to the Crown Court. Lewis appears on the same occasion, jointly charged with Jade with the related assault, so the court must send him straight away, without plea before venue or allocation.
Why A is wrong: Section 51(5) displaces plea before venue and allocation for a jointly charged adult appearing on the same occasion.
Why C is wrong: The discretion ('may') applies only where the co-defendant appears on a subsequent occasion; on the same occasion it is mandatory.
Why D is wrong: Sending under s.51(5) does not depend on the co-defendant's election.
Why E is wrong: Section 51(5) requires sending, so the court cannot retain the case for summary trial.
A little more practice done.
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