Part 2: Courts, tribunals and coroners Chapter 1: Criminal procedure Section 7: Initial option for adult accused to reject summary trial at hearing
The sequence of the allocation procedure conducted at a traditional court hearing for an adult defendant who indicates a not-guilty plea to a triable either-way offence during plea before venue is currently laid down by primary legislation under sections 17A to 23 of the MCA 1980.
	A magistrates’ court must currently decide whether an offence triable either-way is suitable for summary trial after the defendant indicates a not-guilty plea during ‘plea before venue’ (section 17A(7) of the MCA 1980) and after hearing representations from the prosecution and defendant and considering other specified issues as to suitability (section 19(2) to 19(4) of the MCA 1980). If the court decides that the offence is more suitable for summary trial, the defendant is notified of the decision and may request an ‘indication of sentence’ (section 20(3) of the MCA 1980). Unless the defendant changes the indicated plea to guilty in response to such an indication, the defendant is then asked by the court whether they consent to be tried summarily or wish to be tried on indictment (section 20(9) of the MCA 1980).
	Section 7 inserts new section 17BA of the MCA 1980 which enables a magistrates’ court to provide a defendant who appears before them charged with a triable either-way offence – who did not indicate a guilty plea during plea before venue – with the opportunity to inform the court at an earlier additional stage in the proceedings that they would not consent to summary trial if this was later offered to them. That non-consent would avoid the need to proceed with the allocation procedure under sections 19 to 23 of the MCA 1980.
	This section essentially seeks to replicate the new "written/online" opportunity to indicate non-consent to a summary trial at an earlier stage in the allocation procedure (provided for under new section 17ZC of the MCA 1980), so that this opportunity is also available for plea-before-venue and allocation procedures that take place in court during a traditional hearing.
	New section 17BA(1) of the MCA 1980 specifies this section has effect in the circumstances set out in amended section 17A(7) (indication of not-guilty plea by accused at hearing), amended section 17B(2)(d) (indication of not-guilty plea by accused’s representative at hearing), and new section 22(2B) (scheduled offence found at hearing to be triable either way-after indication of not-guilty plea).
	New section 17BA(2) of the MCA 1980 specifies that where a defendant appears at the hearing, a magistrates’ court must explain to the defendant that they may provide an indication to the court that they would not consent to a summary trial of the offence and the consequences of their choice. The court must explain that where the defendant chose to provide such an indication, this would result in the defendant being sent to the Crown Court for trial without having the opportunity to make any representations as to which mode of trial is more suitable under section 19(2) of the MCA 1980 or to obtain an indication of sentence under section 20(3) of the MCA 1980. The court must explain that where the defendant chose not to provide an indication, this would result in the court proceeding with the allocation procedure in accordance with section 18(1) of the MCA 1980. Once a magistrates’ court has provided these explanations, the court must proceed to ask the defendant if they wish to make such an indication to the court.
	New section 17BA(3) of the MCA 1980 specifies that where a defendant is not present at the hearing, the court must ask the defendant’s legal representative whether the defendant would wish to indicate that they would not consent to a summary trial of the offence.
	New section 17BA(4) specifies that where a defendant, or their legal representative in their absence, provides an indication to a magistrates’ court that they would not consent to a summary trial, the court must send the case to the Crown Court for a jury trial in accordance with section 51 of the CDA 1998.
	New section 17BA(5) specifies that where a defendant, or their legal representative in their absence, declines to provide an indication to a magistrates’ court that they would not consent to summary trial, the court must proceed as normal with the allocation decision procedure at the hearing in accordance with subsection 18(1) of the MCA 1980.
	New section 17BA(6) defines "in-court indication of non-consent to summary trial", as used in the drafting of new section 17BA and amended section 18 of the MCA 1980. This term refers to an indication given by a defendant or their legal representative in response to the questions asked under new section 17BA(2) or (3) that the defendant would not consent to a summary trial in a magistrates’ court for the offence.