Part 2: Courts, tribunals and coroners Chapter 1: Criminal procedure Section 6: Written procedure for indicating plea and determining mode of trial: adults
As previously explained above, criminal offences are categorised as summary-only offences (which should be tried in a magistrates’ court), indictable-only offences (which must be tried in the Crown Court) or triable either-way offences (which can be tried in a magistrates’ court or the Crown Court depending on the seriousness and complexity of the case, or the wishes of the defendant).
	Section 17A of the MCA 1980 provides for the "plea before venue" procedure that takes place at a magistrates’ court hearing during which a defendant is invited to indicate a plea to a triable either-way offence when they make their first appearance at court. If the defendant indicates a not-guilty plea or fails to indicate a plea during the hearing, sections 18 to 23 of the MCA 1980 sets out the subsequent allocation procedure which provides the magistrates’ court with the framework it must follow to decide whether the triable either-way offence is more suitable for a summary trial in the magistrates’ court, or for trial on indictment in the Crown Court.
	The MCA 1980 currently requires that the procedures for plea before venue and the allocation must be conducted in the defendant’s presence at court during a hearing, with only a small number of exceptions to this rule (for example, if the court is unable to proceed in the defendant’s presence due to the defendant’s disorderly conduct).
	Section 6, subsection (1) introduces amendments to the MCA 1980 that will enable the procedures for both plea before venue and the allocation for an adult defendant prosecuted in triable-either way cases to be conducted in writing (including online) via the Common Platform, without the need for a court hearing or the defendant’s appearance at a magistrates’ court.
	Section 6, subsection (2) inserts new section 17ZA of the MCA 1980, which enables a defendant charged with a triable either-way offence to be provided with the choice to engage with the plea before venue procedure and indicate a plea in writing/online, without the need for a court hearing.
	New section 17ZA(1) specifies that this new section can only apply to a defendant who has attained the age of 18 years when they are charged; or who has attained the age of 18 years after they were charged but before they appeared at court to answer the charge, or provided, or failed to provide, a written/online indication of plea.
	It will not always be appropriate for the court to provide a defendant with the choice to proceed with the plea before venue procedure in writing/online. Therefore, new section 17ZA(2) provides that the CrimPRs may make provisions about circumstances in which the new written/online plea procedure cannot be used for a case.
	New sections 17ZA(3) and (4) state that a magistrates’ court must provide a defendant with certain information in order to proceed with the new written/online plea procedure, including explanations as to the procedure, choices,the effects of those choices and any other information specified by theCrimPRs.
	Where a defendant provides a written/online indication of a guilty plea, new section 17ZA(5) directs the magistrates’ court to proceed in accordance with new section 17ZB (see below for further detail).
	Where a defendant provides a written/online indication of a not-guilty plea, new section 17ZA(6) of the MCA 1980 directs the magistrates’ court to proceed with (i) the written/online allocation procedure in accordance with new section 17ZC of the MCA 1980 or (ii) (if neither subsection (3) nor subsection (5) of section 17ZC has effect) the in-court allocation procedure in accordance with new section 18(1A).
	Where a defendant fails to provide a written/online indication of plea, new section 17ZA(7) of the MCA 1980 directs the magistrates’ court to proceed with an in-court hearing in accordance with section 17A of the MCA 1980 in order to receive the defendant’s indication of plea.
	New section 17ZA(8) of the MCA 1980 ensures that any indicated plea provided by a defendant in writing/online is treated as an indication and is not binding until they make a subsequent appearance at a court hearing to confirm or change their indicated plea.
	New section 17ZA(9) of the MCA 1980 states that the new written/online plea procedure will not apply to cases in which a prosecutor’s notice under section 51B or 51C of the CDA 1998 is received. Those notices relate to serious or complex fraud cases and certain cases involving children/young people and require the case to be sent to the Crown Court.
	New sections 17ZA(10) and (11) of the MCA 1980 direct a magistrates’ court to cease with the new online/written procedures and proceed with a normal court hearing to receive an indication of plea in accordance with section 17A of the MCA 1980 where a defendant notifies the court that they wish to withdraw a prior written/online indication of plea: (i) before the start of a summary trial under section 9 of the MCA 1980; (ii) before the allocation procedure under section 18(1A) of the MCA 1980; or (iii) before they are sent to the Crown Court for trial.
	New section 17ZA(12) of the MCA 1980 provides that the new written/online plea procedure can be applied to prosecutions initiated in various different ways, including defendants who have been summonsed, have received a written charge and requisition, or have been charged and bailed to court from a police station.
	New section 17ZA(13) of the MCA 1980 defines the term "written indication of plea" used in new section 17ZA of the MCA 1980 and in new section 17ZB to amended section 18 of the MCA 1980, and when an adult is considered to have failed to provide an indication of written/online plea.
	Section 6, subsection (2) also inserts new section 17ZB of the MCA 1980 (after new section 17ZA of the MCA 1980) which will provide a magistrates’ court with the option to send a case to the Crown Court for conviction and sentencing after a defendant has indicated a guilty plea in writing/online in accordance with new section 17ZA of the MCA 1980.
	New section 17ZB(1) of the MCA 1980 dictates that this new section can only be proceeded with if the defendant has provided a written/online indication of a guilty plea in accordance with new section 17ZA.
	New section 17ZB(2) of the MCA 1980 provides that the CrimPRs may make provisions about circumstances in which the written procedure under new section 17ZB cannot be used for a case.
	New section 17ZB(3) and (4) of the MCA 1980 provide that a magistrates’ court can consider whether the defendant is highly likely to require a Crown Court sentence if he or she pleads guilty at the summary trial. In such cases the court may write to the defendant seeking their agreement to be sent directly to the Crown Court for conviction and sentencing (new section 17ZB(5) of the MCA 1980). The court must provide the defendant with an explanation of the procedure, choices and the effects of those choices (new section 17ZB(6) of the MCA 1980). The court must also inform the prosecutor in writing and give them the opportunity to object (new section 17ZB(7) of the MCA 1980).
	If the defendant and prosecutor do not object, the magistrates’ court can send the case direct to the Crown Court (new section 17ZB(8) of the MCA 1980). However, if either the defendant or prosecutor objects to the case being sent directly to the Crown Court, the magistrates court must proceed with a summary trial (new section 17ZB(9) of the MCA 1980). That requirement also applies if the written procedure under new section 17ZB is not available. If a defendant confirms their indication of a guilty plea at the hearing, then the defendant can be convicted in accordance with section 9 of the MCA 1980. On conviction, the magistrates’ court could either proceed to sentence the defendant or commit the case to the Crown Court for sentence under Chapter 2 of Part 2 of the Sentencing Code if the court considered its sentencing powers to be inadequate.
	If a defendant changes their indication of written/online plea and pleads not guilty at a summary trial held in accordance with section 9 of the MCA 1980, the trial and the indicated written/online plea are void and the court must instead proceed with a hearing for the purposes of section 17A of the MCA 1980 on the basis the defendant was pleading not guilty (new section 17ZB(10) of the MCA 1980).
	New section 17ZC of the MCA 1980 enables a magistrates’ court to provide an adult defendant with the option to engage with the allocation procedure to decide on the most suitable mode of trial for a triable either-way offence in writing/online, subsequent to the defendant having indicated a not-guilty plea in writing/online under new section 17ZA of the MCA 1980. This new section also provides a magistrates’ court with the mechanism to bypass the allocation procedure for a triable either-way offence by providing a defendant with an earlier additional opportunity to elect in writing/online for their case to be sent to the Crown Court for a jury trial.
	Where a defendant provides an indication of a not-guilty plea in writing/online in accordance with new section 17ZA, new section 17ZC(1) specifies that the court must proceed in accordance with new section 17ZC(3) or (5) of the MCA 1980. The applicable new subsection that the court will proceed under will depend on whether the offence in question is a "scheduled offence" (e.g. criminal damage contrary to section 1 of the Criminal Damage Act 1971) prescribed under Schedule 2 to the MCA 1980. This is because a scheduled offence requires the court to make additional findings during the allocation procedure in accordance with section 22 of the MCA 1980 as to whether the value involved exceeds £5,000, as this will affect which mode of trial will be available for the case.
	New section 17ZC(2) of the MCA 1980 provides that the CrimPRs may make provisions about circumstances in which the written/online procedures under new section 17ZC of the MCA 1980 cannot be used for a case.
	Where the offence in question is not a scheduled offence, new section 17ZC(3) of the MCA 1980 specifies that a magistrates’ court must provide the defendant with certain information and ask whether they wish to indicate in writing/online that they do not consent to summary trial and, if they do not wish to do so, whether they wish to engage with allocation procedure in writing/online. New section 17ZC(4) specifies the information that must be provided by the court to the defendant, which includes an explanation of the procedure, choices, the effects of those choices, relevant time periods and any other information specified by the CrimPRs.
	Where the offence in question is a scheduled offence, new section 17ZC(5) of the MCA 1980 specifies that a magistrates’ court must provide the defendant with certain information and ask whether they wish to engage with the written/online allocation procedure and provide a written/online indication of non-consent to summary trial and if the defendant does not wish to do that, whether they simply wish to engage with the written/online allocation procedure. New section 17ZC(6) of the MCA 1980 specifies the information that must be provided by the court to the defendant, which includes an explanation of the procedure, choices, the effects of those choices, relevant time periods, and any other information specified by the CrimPRs.
	New section 17ZC(7) of the MCA 1980 specifies that where, in accordance with new section 17ZC(3) of the MCA 1980, a defendant informs a magistrates’ court in writing/online that they would not consent to a summary trial, the court must send the case for trial on indictment to the Crown Court in accordance with section 51 of the CDA 1998.
	New section 17ZC(8) of the MCA 1980 specifies that, except where a defendant charged with a scheduled offence accepts the ‘invitation’ to provide a written/online indication of non-consent to summary trial, a magistrates’ court must proceed with the allocation procedure by way of a hearing at court in accordance with new subsection (1A) of section 18 of the MCA 1980 (paragraph 6(7)(a) of Schedule 2) or by way of written/online procedures in accordance with new subsection (4A) of that section (paragraph 6(7)(b) of Schedule 2), depending on whether the defendant has opted for written/online allocation proceedings. (In the case of a defendant charged with a scheduled offence, any written/online indication of non-consent to summary trial will only apply if and when the court decides under section 22 of the MCA 1980 that the value involved makes the offence triable either-way.) After the allocation decision has been reached, the court can use existing case management powers to prepare the case for trial in the relevant criminal court, at the start of which the defendant will be asked to confirm their plea.
	New section 17ZC(9) of the MCA 1980 defines certain terms used in the drafting of new section 17ZC, amended section 18, and amended section 22 of the MCA 1980, which includes "election for written allocation proceedings", "written indication of non-consent to summary trial" and references to person’s failing to do either of those things.
	Section 22A of the MCA 1980 currently provides that offences of low-value shoplifting where the value is not in excess of £200 are triable only summarily but are still subject to a defendant’s right to elect for their case to be sent to the Crown Court for a jury trial. Section 6(3) inserts new subsections (1A) to (1E) of that section in order to provide a defendant charged with a low-value shoplifting offence who has provided an indication of a not-guilty plea in writing/online, with the choice to also exercise in writing/online their right to elect for a jury trial at Crown Court; without the need for a court hearing.