http://www.legislation.gov.uk/ukpga/1980/43/section/19Magistrates’ Courts Act 1980An Act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates’ courts and the functions of justices’ clerks, and to matters connected therewith, with amendments to give effect to recommendations of the Law Commission.1980-11-01texttext/xmlenStatute Law Database2026-05-18Expert Participation2026-04-07 Magistrates’ Courts Act 1980s. 1(6A)Criminal Justice Act 2003Sch. 36 para. 8(5)s. 336(3) (4)Magistrates’ Courts Act 1980s. 1(7A)Criminal Justice Act 2003Sch. 36 para. 8(6)s. 336(3) (4)Magistrates’ Courts Act 1980Sch. 6A (entry)Criminal Justice and Court Services Act 2000Sch. 7 para. 69Magistrates’ Courts Act 1980s. 12(2A)Judicial Review and Courts Act 2022s. 4(3)s. 51(4)Magistrates’ Courts Act 1980s. 12(5A)-(5F)Judicial Review and Courts Act 2022s. 4(6)s. 51(4)Magistrates’ Courts Act 1980s. 17A(1A)Judicial Review and Courts Act 2022Sch. 2 para. 6(2)(b)s. 51(4)Magistrates’ Courts Act 1980s. 17B(1A)-(1F)Judicial Review and Courts Act 2022s. 9(2)(b)s. 51(4)Magistrates’ Courts Act 1980s. 17B(5)Judicial Review and Courts Act 2022s. 9(2)(d)s. 51(4)Magistrates’ Courts Act 1980s. 17BAJudicial Review and Courts Act 2022s. 7s. 51(4)Magistrates’ Courts Act 1980s. 17ZA-17ZCJudicial Review and Courts Act 2022s. 6(2)s. 51(4)Magistrates’ Courts Act 1980s. 18(1)-(1B)Judicial Review and Courts Act 2022Sch. 2 para. 6(7)(a)s. 51(4)Magistrates’ Courts Act 1980s. 18(4A)(4B)Judicial Review and Courts Act 2022Sch. 2 para. 6(7)(b)s. 51(4)Magistrates’ Courts Act 1980s. 18(6)Judicial Review and Courts Act 2022Sch. 2 para. 6(7)(c)s. 51(4)Magistrates’ Courts Act 1980s. 19(6)Judicial Review and Courts Act 2022Sch. 2 para. 10(2)s. 51(4)Magistrates’ Courts Act 1980s. 20(7A)(7B)Judicial Review and Courts Act 2022Sch. 2 para. 6(8)(c)s. 51(4)Magistrates’ Courts Act 1980s. 22(2A)-(2E)Judicial Review and Courts Act 2022Sch. 2 para. 6(9)(a)s. 51(4)Magistrates’ Courts Act 1980s. 22A(1A)-(1E)Judicial Review and Courts Act 2022s. 6(3)(b)s. 51(4)Magistrates’ Courts Act 1980s. 23(1A)-(1G)Judicial Review and Courts Act 2022s. 9(4)(b)s. 51(4)Magistrates’ Courts Act 1980s. 23(4A)(4B)Judicial Review and Courts Act 2022s. 9(4)(d)s. 51(4)Magistrates’ Courts Act 1980s. 24A(1A)Judicial Review and Courts Act 2022Sch. 2 para. 6(11)(b)s. 51(4)Magistrates’ Courts Act 1980s. 24BAJudicial Review and Courts Act 2022s. 9(5)s. 51(4)Magistrates’ Courts Act 1980s. 24ZA 24ZBJudicial Review and Courts Act 2022s. 8s. 51(4)Magistrates’ Courts Act 1980s. 75ACrime and Courts Act 2013s. 26(1)s. 61(3)Magistrates’ Courts Act 1980s. 85(5)Crime and Courts Act 2013s. 26(4)s. 61(3)Magistrates’ Courts Act 1980s. 139ACrime and Courts Act 2013s. 26(6)s. 61(3)Magistrates’ Courts Act 1980s. 145(1A)Children, Schools and Families Act 2010Sch. 3 para. 8(3)s. 21(8) 27s. 29(4)(b)Magistrates’ Courts Act 1980s. 145(1A)Children, Schools and Families Act 2010Sch. 4 Pt. 2s. 21(8) 27s. 29(4)(b)Magistrates’ Courts Act 1980s. 1(6A)Criminal Justice and Courts Act 2015Sch. 11 para. 3(4)s. 95(1)art. 3Sch. 1 para. 77 Part I191The court shall decide whether the offence appears to it more suitable for summary trial or for trial on indictment.2Before making a decision under this section, the court—ashall give the prosecution an opportunity to inform the court of the accused’s previous convictions (if any); andbshall give the prosecution and the accused an opportunity to make representations as to whether summary trial or trial on indictment would be more suitable.3In making a decision under this section, the court shall consider—awhether the sentence which a magistrates' court would have power to impose for the offence would be adequate; andbany representations made by the prosecution or the accused under subsection (2)(b) above,and shall have regard to any allocation guidelines (or revised allocation guidelines) issued as definitive guidelines under section 170 of the Criminal Justice Act 2003.4Where—athe accused is charged with two or more offences; andbit appears to the court that the charges for the offences could be joined in the same indictment or that the offences arise out of the same or connected circumstances,subsection (3)(a) above shall have effect as if references to the sentence which a magistrates' court would have power to impose for the offence were a reference to the maximum aggregate sentence which a magistrates' court would have power to impose for all of the offences taken together.5In this section any reference to a previous conviction is a reference to—aa previous conviction by a court in the United Kingdom; ... or aa. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ba previous finding of guilt in—iany proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence); oriiany proceedings before a Standing Civilian Court.5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6If, in respect of the offence, the court receives a notice under section 51B or 51C of the Crime and Disorder Act 1998 (which relate to serious or complex fraud cases and to certain cases involving children respectively), the preceding provisions of this section and sections 20, 20A and 21 below shall not apply, and the court shall proceed in relation to the offence in accordance with section 51(1) of that Act.S. 19(5) modified (24.4.2009 for certain purposes and 31.10.2009 otherwise) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 205, Sch. 1 para. 18(1)S. 19 substituted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 5; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); ; S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3 4)Word in s. 19(5)(a) repealed (28.5.2013) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 17 para. 4(2), Sch. 23 Pt. 5 (with s. 180); S.I. 2013/1104, art. 2(b)Word in s. 19(5)(a) inserted (31.12.2020) by The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 22(2)(a) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)S. 19(5)(aa) omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 22(2)(b) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)S. 19(5A) omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 22(3) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)