Policy background Criminal Courts Enabling written/online preliminary pre-trial proceedings and more flexible allocation of cases
All criminal cases begin in a magistrates’ court; however, criminal offences fall into three categories that affect which jurisdiction of the criminal court system is able to try and sentence them: summary-only offences (which should normally be heard in a magistrates’ court); indictable-only offences (which must be heard in the Crown Court), and triable either-way offences (which may be heard in either a magistrates’ court or the Crown Court). The decision to allocate a triable either-way case to the Crown Court is dependent on the complexity and severity of the case, the adequacy of magistrates’ court sentencing powers and a defendant’s right to elect for a jury trial.
	The legal framework for preliminary pre-trial proceedings for all categories of criminal offence is set out in primary legislation under the Magistrates’ Courts Act 1980 ("the MCA 1980") and the Crime and Disorder Act 1998 ("the CDA 1998"). The practices and procedures which must be followed are generally set out in secondary legislation under the Criminal Procedure Rules (CrimPRs), which are made and regularly updated by the Criminal Procedure Rule Committee (CrimPRC). 8  This body of legislation and rules determines the circumstances in which a hearing must occur as part of a case’s progression, when and how to indicate and enter a plea, and how cases are allocated to be heard in a magistrates’ court or the Crown Court. The measures in this Act will make changes to the legal framework provided by the MCA 1980, the CDA 1998, and consequential legislation in order to provide new preliminary pre-trial proceedings that will increase flexibility in how a defendant can interact with the court in the lead up to trial and remove unnecessary hearings.
	The criminal court measures in this Act will enable defendants in most triable either-way cases to have the option to engage with the court for certain preliminary pre-trial proceedings in writing/online via the Common Platform. Defendants will have the option (with the assistance of a solicitor) to provide an indication of plea and engage with the allocation procedure in writing/online without the need for a hearing in the magistrates’ court. If a defendant does not wish to engage through the new written/online procedure or the court does not provide them with the option in the first place (the exclusions will be set out in the CrimPRs), they will be required to appear at a court hearing and proceed as normal. The addition of a new invitation for defendants to elect for a jury trial at an earlier stage of the proceedings in triable either-way cases will also provide magistrates’ courts with the chance to bypass the subsequent allocation procedure (conducted at a court hearing or in writing/online), which will save the court time by removing the need to decide on the most suitable mode of trial when a defendant is certain that they wish to elect for trial in the Crown Court.
	The criminal court measures will also provide greater flexibility in the way in which criminal cases can be allocated between magistrates’ courts and the Crown Court, where this is deemed appropriate by the court. It will enable magistrates’ courts in a wider range of circumstances to proceed with the plea-before-venue and allocation procedures in a defendant’s absence, so long as it is in the interests of justice to do so. It will provide the court with an important means of progressing cases which would otherwise stall and create uncertainty and lengthy waiting times. It will also enable magistrates’ courts to direct indictable-only and triable either-way cases to the Crown Court for trial or sentencing without the need for a first hearing at a magistrates’ court, which will ensure cases reach the most appropriate venue earlier in the proceedings and avoid unnecessary hearings. Furthermore, the Crown Court will be able to remit certain cases back to a magistrates’ court for trial (with a defendant’s consent) or for sentencing (where a magistrates’ court’s sentencing powers are considered to be sufficient) in a wider range of circumstances than it currently can.
	The criminal court measures will aim to further improve efficiency and speed up court processes by removing statutory requirements to hold a hearing in relation to certain matters, namely determining applications for a witness summons and applications to lift reporting restrictions. Although the court will continue to have the option of convening a hearing in these circumstances, the measures will enable the court to make a decision "on the papers" without a hearing, where satisfied that this is appropriate.
	Finally, the criminal court measures will amend existing legislation to enable the service of documents in criminal proceedings and certain related contexts to be in accordance with the CrimPRs. This means the most appropriate means of service (including service by electronic means) can be used in any given case, taking into account the preferred method of those individuals receiving the documents and their access to digital resources and online communication.