Judicial Review And Courts Act 2022

Part 2: Courts, tribunals and coroners

Chapter 1: Criminal procedure

Section 3: Automatic online conviction and penalty for certain summary offences

110. Section 3 inserts new sections 16G to 16M into the Magistrates’ Courts Act 1980 ("the MCA 1980") to provide for the new automatic online conviction and standard statutory penalty process.
111. New section 16G defines the references in these sections to a person being offered the automatic online conviction option and a person (or their legal representative) accepting this option (see new section 16G(1) and (2)). It also provides that an offer or acceptance of the automatic online conviction option by electronic notification means a written notification by electronic means, in accordance with the Criminal Procedure Rules (CrimPRs) (new section 16G(4)).
112. New section 16H provides that in order for a person accused of an offence to receive a criminal conviction under this new online option, the "qualifying conditions" must be met and the accused person must be offered and accept the automatic online conviction option in respect of the offence (new section 16H(1) and (2)).
113. The qualifying conditions are set out in new section 16H(3) to (6). Where the automatic online conviction option is offered, the offence must be a summary-only non-imprisonable offence (new section 16H(4)) which is specified in regulations made by the Lord Chancellor (new section 16H(3)(a)). These regulations are to be made by a statutory instrument laid under the affirmative procedure (new section 16H(5)).
114. The other qualifying conditions as to when this automatic online conviction option may be offered, include that the accused person must also be 18 years of age when charged (or a body corporate) (new section 16H(3)(b)), and the "required documents" (as defined in new section 16H(6)) served on the accused in accordance with the CrimPRs (new section 16H(3)(c) and (d)). An explanation of how to access the offer of an automatic online conviction will be provided by the prosecutor alongside the written charge.
115. New section 16I provides for the penalty and other related costs to be imposed on offenders convicted via the new automatic online conviction procedure. In all cases, a penalty will be imposed on offenders convicted via this new procedure, which will consist of a fine and surcharge of an amount specified for the offence (new sections 16I(2) and (8)), and prosecution costs which will be determined by the relevant prosecutor (new sections 16I(6) and (7)).
116. In certain cases, the penalty may also consist of a specified number of penalty points to be endorsed on the offender’s driving record (new section 16I(3)) or an amount of compensation if specified for the offence which will be determined by the relevant prosecutor but may not exceed the maximum amount specified for the offence (new section 16I(4) and (5)).
117. Defendants (which throughout these Explanatory Notes with regards to criminal procedure, includes all "accused persons") will be given full details of the prospective fixed fine, surcharge and other costs (for example, compensation, and/or penalty points if relevant) before agreeing to accept the automatic conviction and penalty.
118. New section 16J gives the Lord Chancellor the power, by regulations, to specify different amounts of fines, compensation and surcharge for different offences and for different circumstances in which a particular offence is committed (new section 16J(1), (3) and (4)). With regard to penalty points, regulations may only specify this in association with an offence if it is an offence that would or could ordinarily result in the endorsement of the offender’s driving record with penalty points if convicted (new section 16J(2)). These regulations are to be made by a statutory instrument laid under the affirmative procedure (new section 16J(6)).
119. The way in which the fixed fine is set using the above powers will be based on current fining practice. Relevant factors in setting the fine level for each offence may be the overall average of fines imposed for the offence, any sentencing guidelines published by the Sentencing Council, current sentencing practice, and income data.
120. New section 16K(1) provides that the time when a conviction under section 16H takes effect is to be determined in accordance with the CrimPRs.
121. New sections 16K(2) to (7) state that a conviction under section 16H and a penalty imposed under section 16I (including all elements of said penalty: fine, prosecution costs, surcharge and, if applicable, compensation and/or endorsement of a person’s driving record) are to be treated as if they had been imposed by the specified magistrates’ court (as defined in new section 16K(8)).
122. New section 16L deals with notice of conviction and penalty. Section 16L(1) provides that a person convicted under section 16H must be given a notice of conviction and penalty by electronic means.
123. New section 16L(2) set out that this electronic notice of conviction and penalty will set out each separate penalty imposed on the offender under section 16I, and specify a magistrates’ court for the purposes of sections 16K(2) to (7). The notice will also require the offender to pay the overall penalty in the manner specified in the notice and within the 28-day period beginning with the day on which the person’s conviction took effect (new section 16L(3)).
124. New section 16M provides the magistrates’ court with a power to set aside a conviction under 16H or replace a penalty imposed on a person under section 16I. New section 16M(1) provides that a magistrates’ court may set aside a conviction if it appears to the court that the conviction is unjust, and that this can be considered on the papers by a single justice (new section 16M(3)). However if a magistrates’ court composed of a single justice is minded to refuse to set aside the conviction, new section 16M(4) specifies that the decision must then be referred to a full magistrates’ court which must consider the matter at a hearing where the parties may make representations.
125. New section 16M(5) provides that a magistrates’ court may set aside a penalty imposed under new section 16I if it appears that the amount is unjust and if it does so then it may then impose any sentence that it could have imposed for that offence if the person had pleaded guilty before it at the earliest opportunity. That sentence will then be a normal sentence imposed by the magistrates’ court, rather than one imposed under section 16I.
126. A magistrates’ court may exercise this power to set aside a conviction or replace a penalty whether as a result of an application by the person convicted, the relevant prosecutor or of its own motion (see section 16M(7)).

Section 4: Guilty plea in writing: extension to proceedings following police charge

127. Section 12 of the MCA 1980 currently sets out the procedure that is commonly known as "pleading guilty by post", which enables prosecutors to provide a defendant who is prosecuted for a summary-only offence and is aged 16 years and over (or under 16 years when jointly charged with an adult) with the option to indicate a guilty plea in writing (including online) and opt that a magistrates’ court may proceed to try, convict, and sentence them at a court hearing in their absence, without the need for the defendant or other parties in the case to make a court appearance at any stage of the proceedings. 1 This procedure can currently only be applied to the prosecution of summary-only offences that have been initiated against a defendant away from a police station in writing by either a postal requisition or summons.
128. Section 4, subsection (1), introduces amendments to section 12 of the MCA 1980 that will enable prosecutors to also apply the procedure for pleading guilty by post to the prosecution of a summary-only offence against a defendant aged 16 years and over that has been initiated by charging them in person at a police station and granting them police bail to appear at a magistrates’ court for a first hearing.
129. Section 4, subsection (2), amends section 12(1)(a) of the MCA 1980 to remove the power that currently enables the Secretary of State to order the exclusion of a specific summary offence from the pleading guilty by post procedure. This power has never been exercised and is considered to be unnecessary; if a case is identified as being unsuitable for the procedure (because for example, the defendant is likely to receive a custodial sentence), the relevant prosecutor need not apply the procedure. Existing section 12(6) of MCA 1980 also retains the safeguard that if the court receives a notification withdrawing an indicated guilty plea on behalf of the defendant prior to a trial hearing, the court shall proceed to deal with the summary offence as if the indication had not been given.
130. Section 4, subsection (3), inserts new section 12(2A) of the MCA 1980 to enable prosecutors to apply the procedure for pleading guilty by post to cases where a defendant aged 16 years and over has been charged with a summary-only offence at a police station and bailed to appear at magistrates’ court under Part 4 of the Police and Criminal Evidence Act 1984 ("the PACE Act 1984").
131. Section 4, subsection (4), amends section 12(3) of the MCA 1980 to provide details about the documents which must be served upon the defendant by the prosecutor in order to apply the pleading guilty by post procedure for a defendant who has been charged and bailed from a police station; which includes a notice as to the possible effects of procedure, details of the charge against them, and any information relating to them that may be supplied to the court by the prosecutor.
132. Section 4, subsection (5), amends section 12(5) of the MCA 1980 so that a magistrates’ court can proceed to try, convict, and sentence a defendant who has opted to proceed with the pleading guilty by post procedure subsequent to being charged and bailed from a police station at a court hearing in their absence.
133. Section 4, subsection (6), inserts new section 12(5A) of the MCA 1980 to give a magistrates’ court the power to discharge a defendant from their duty to surrender to the custody of the court where they have opted to proceed with the pleading guilty by post procedure having been charged and bailed from a police station. This will enable the court to proceed to deal with and dispose of the case without the need for the defendant to appear at court for the hearing. New section 12(5B) enables the function under new section 12(5A) to be carried out by a single justice.
134. Section 4, subsection (6), also inserts new subsections (5C) to (5F) of section 12 of the MCA 1980 to retain the current prohibitions on sentencing a defendant in absence having proceeded with the case through the pleading guilty by post procedure, no matter how the prosecution was initiated. New subsection (5D) states that having tried and convicted a defendant in absence under the procedure, a magistrates’ court will not have the power to impose a custodial sentence or other type of detention without first bringing the defendant before the court for a sentencing hearing. New subsection (5E) states that where a magistrates’ court intends to impose a driving disqualification, the court must first adjourn the case to the give the defendant the opportunity to appear at court but can then disqualify them in absence at the next hearing. New subsection (5F) states that where a trial is adjourned with a view to its resumption for the purpose of new subsection (5E), the notice required by existing section 10(2) of the MCA 1980 must include notice of the reason for the adjournment.
135. Section 4, subsection, (7) amends section 12(7) of the MCA 1980 so that section 12(7)(a) and (aa), which state details of what information that was served on the defendant must be read out at court prior to accepting a guilty plea and convicting them in absence, also apply to prosecutions initiated by charge and bail from a police station.
136. Section 4, subsection (8), repeals section 12(12) and (13) of the MCA 1980, which deal with service of documents in Scotland. Accordingly, this repeal only extends and applies to England, Wales and Scotland. Section 12(13) is a superfluous provision given that equivalent provision is made in section 39 of the Criminal Law Act 1977 (as amended by the Criminal Justice Act 2003).

Section 5: Extension of Single Justice Procedure (SJP) to corporations

137. Section 5 amends section 16A of the MCA 1980 to clarify that the SJP can be used to prosecute legal persons such as corporations, as well as individuals.

Section 6: Written procedure for indicating plea and determining mode of trial: adults

138. 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).
139. 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.
140. 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).
141. 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.
142. 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.
143. 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.
144. 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.
145. 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.
146. 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).
147. 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).
148. 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.
149. 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.
150. 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.
151. 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.
152. 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.
153. 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.
154. 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.
155. 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.
156. 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.
157. 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).
158. 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.
159. 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).
160. 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.
161. 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.
162. 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.
163. 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.
164. 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.
165. 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.
166. 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.
167. 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.
168. 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.

Section 7: Initial option for adult accused to reject summary trial at hearing

169. 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.
170. 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).
171. 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.
172. 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.
173. 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).
174. 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.
175. 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.
176. 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.
177. 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.
178. 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.

Section 8: Written procedure for indicating plea and determining mode of trial: children

179. The age of criminal responsibility in England and Wales is 10 years of age, which means that children and young people aged between 10 and 17 can be prosecuted for criminal offences. The criminal court system recognises the increased vulnerability and additional requirements that children and young people have, so treats these types of defendants differently from adults in the youth court. This includes bespoke plea before venue and allocation procedures which also take into account the fact that children and young people do not share the same right as adults to elect for their case to be sent to the Crown Court for a jury trial. Therefore, children and young people also require bespoke legislation for the new written/online plea and allocation procedures to cater for their needs.
180. Section 8 inserts new section 24ZA of the MCA 1980, which enables a child or young person who is charged with an indictable offence that would require an allocation decision to be provided with the choice to indicate a plea in writing (including online), without the need for a youth court hearing.
181. New section 24ZA(1) specifies that this new section applies to a defendant who is a child or young person when they were charged with an offence other than one falling within section 51A(12) of the CDA 1998, and have not since attained the age of 18 years, where a magistrates’ court (including a youth court) would have to determine whether to send the case to the Crown Court for trial.
182. New section 24ZA(2) provides that the CrimPRs may make provisions about circumstances in which the written procedure under new section 24ZA of the MCA 1980 cannot be used for a case.
183. New section 24ZA(3) and (4) state that a youth court must provide a child or young person with certain information in order to proceed with the new written/online plea procedure, including explanations as to the procedure, choices and effects of those choices, and any other information specified by the CrimPRs.
184. Where a child or young person provides a written/online indication of a guilty plea, new section 24ZA(5) directs the court to proceed to try the defendant under section 9 of the MCA 1980 when they appear at court for a hearing. If a child or young person appears at a summary trial in accordance with new section 24ZA(5) and pleads not guilty, new section 24ZA(6) states that the trial and the indicated plea are void and the youth court must proceed as if the hearing was instead for the purpose of section 24A of the MCA 1980 (child or young person’s indication of plea at court) and the child or young person had indicated a plea of not-guilty.
185. Where a child or young person provides a written/online indication of a not-guilty plea, new section 24ZA(7) directs the youth court to provide the prosecutor and the child or young person with an opportunity to make any representations in writing about whether the court should send the case to the Crown Court for trial before the court makes its decision.
186. Where a child or young person fails to give a written indication of plea, new section 24ZA(8) of the MCA 1980 directs the youth court to proceed with a normal court hearing in accordance with section 24A of the MCA 1980.
187. New section 24ZA(9) of the MCA 1980 ensures that any indication of plea provided by a child or young person in writing/online is treated as an indication only and thus, is not binding until they make a subsequent appearance at a court hearing to confirm or change their indicated plea.
188. New section 24ZA(10) of the MCA 1980 provides that the new written/online plea procedure applies to prosecutions initiated in various different ways, including children and young persons who have been summonsed, have received a written charge and requisition, or have been charged and bailed to court from a police station.
189. New section 24ZA(11) of the MCA 1980 defines the term "written indication of plea" used in new section 24ZA, new section 24ZB, amended section 24A, and new section 24BA of the MCA 1980, and when a child or young person is considered to have failed to provide a written/online indication of plea.
190. New section 24ZA(12) of the MCA 1980 provides additional information about the definition of the term "relevant determination" used in new section 24ZA and new section 24ZB of the MCA 1980, which means the determination referred to in new section 24ZA(1)(c) of the MCA 1980 with regards to whether to send the case to the Crown Court for trial.
191. Section 8 also inserts new section 24ZB of the MCA 1980 which states how a court should proceed if a child or young person attains the age of 18 years or wishes to withdraw an indication of written/online plea.
192. New section 24ZB(1) of the MCA 1980 specifies that new section 24ZB of the MCA 1980 applies where the court has provided a child or young person with the relevant information in compliance with new section 24ZA(3) of the MCA 1980.
193. New section 24ZB(2) of the MCA 1980 specifies that if the child or young person attains the age of 18 years before providing, or failing to provide, an indication of plea in writing/online, the procedure under new section 24ZA of the MCA 1980 will cease to have effect and the court must instead proceed in accordance with the new adult written/online plea procedure under new section 17ZA of the MCA 1980.
194. New sections 24ZB(3) and (4) of the MCA 1980 specify that if a child or young person attains the age of 18 years after they have provided a written/online indication of plea, but before a summary trial begins or a decision is made as to whether to send the case to the Crown Court for trial, the court must consider whether to use its powers under section 29 of the Children and Young Persons Act 1963 ("the CYPA 1963") to proceed and deal with the case in a way in which it could have if the child or young person had not attained that age. Where the court does not exercise its powers under section 29 of the CYPA 1963, new section 24ZA(5) or (7) of the MCA 1980 will cease to apply and the court will instead proceed as if the written/online indication of plea had been provided via the written/online plea procedure for adults under new section 17ZA of the MCA 1980.
195. New section 24ZB(5) and (6) of the MCA 1980 specifies that if a child or young person attains the age of 18 years having failed to provide a written/online indication of plea, but before a hearing takes place at court for the purposes of receiving the child or young person’s plea under section 24A of the MCA 1980, the court must proceed as if the child or young person had failed to provide a written/online indication of plea via the written/online plea procedure for adults under new section 17ZA of the MCA 1980.
196. New section 24ZB(7) and (8) of the MCA 1980 direct the court to cease the new online/written procedures and proceed with a normal court hearing to receive an indication of plea in accordance with section 24A of the MCA 1980 where a child or young person notifies the court that they wish to withdraw a prior indication of written/online plea: before the start of a summary trial under section 9 of the MCA 1980; before the plea before venue procedure under section 24A(2) of the MCA 1980; or before they are sent to the Crown Court for trial. This is so long as the written/online indication of plea is not at that time being treated as if it had been given via the adult procedure under new section 17ZA of the MCA 1980.
197. New section 24ZB(8) also provides that where a child or young person attains the age of 18 years having withdrawn a prior written/online indication of plea before a hearing for the purpose of section 24A(2) of the MCA 1980, the court may (subject to any exercise of its powers under section 29 of the CYPA 1963) decide to proceed as if the child or young person had provided and withdrawn their written/online plea under the written/online procedure for adults under section 17ZA of the MCA 1980.

Section 9: Powers to proceed if accused absent from plea-before-venue and allocation hearing

198. Section 17A(2) of the MCA 1980 currently requires that the plea-before-venue procedure for adult defendants prosecuted for triable either-way offences that is provided for under section 17A of the Act must be proceeded with in the presence of the defendant at a court hearing. The only current exception to this rule that will allow the court to proceed with plea-before-venue in the absence of the adult defendant is where the defendant is legally represented, and the court considers that it is not practicable for the proceedings to be conducted in the defendant’s presence due to their disorderly conduct (section 17B(1) of the MCA 1980). If the court cannot complete the plea-before-venue procedure due to the adult defendant’s absence, it cannot progress to the allocation procedure.
199. Section 18(2) of the MCA 1980 requires that the allocation procedure for adult defendants prosecuted for triable either-way offences provided for under sections 19 to 22 of the Act that follows plea-before-venue must also be proceeded with in the presence of the defendant at a court hearing. The only current exceptions to this rule that will allow the court to proceed in the absence of the adult defendant are where: (i) the defendant’s disorderly conduct before the court means that it is not practicable for the proceedings to be conducted in their presence (section 18(3) of the MCA 1980); or (ii) the defendant has legal representation who in the defendant’s absence, signifies the defendant’s consent to this and the court is satisfied there is good reason for doing so (section 23 of the MCA 1980).
200. Section 9, subsection (1), amends the MCA 1980 to enable a magistrates’ courts to proceed with the plea-before-venue and allocation procedures for adult defendants prosecuted for triable-either way offences in the absence of an adult defendant in a wider range of circumstances, so long as it is in the interests of justice to do so.
201. Section 9, subsection (2)(a), changes the heading of section 17B of the MCA 1980 from "Intention as to plea: absence of accused" to "Power to proceed if accused does not appear to give indication as to plea".
202. Section 9, subsection 2(b), substitutes section 17B(1) of the MCA 1980 with new subsections (1A) to (1F), which specify the wider range of circumstances in which section 17B of the MCA 1980 has effect so that a magistrates’ court may proceed with the plea-before-venue procedure for triable either-way offences in the absence of an adult defendant.
203. New subsection (1A) provides overarching safeguards in that the court can only proceed in the absence of an adult defendant if the defendant fails to appear at the hearing and the court is satisfied that it is not contrary to the interests of justice to do so in combination with any of the conditions specified in new subsections 17B(1B) to 17B(1E) of the MCA 1980 being met.
204. The first condition, specified in new subsection (1B), is that the adult defendant’s legal representative is present at the hearing and has been instructed by the defendant to consent to the hearing in the defendant’s absence.
205. The second condition, specified in new subsection (1C), is that that the adult defendant’s legal representative is present at the hearing and the court considers there is no acceptable reason for the defendant’s failure to attend.
206. The third condition, specified in new subsection (1D), is that the court is satisfied that a notice of the allocation proceedings was served on the adult defendant within a reasonable time before the hearing and there is no acceptable reason for the defendant’s failure to attend.
207. The fourth condition, specified in new subsection (1E), is that the adult defendant has appeared in court on a previous occasion to answer the charge (when the matter would have been listed for the plea-before-venue hearing in the defendant’s presence) and the court does not consider there is an acceptable reason for the defendant’s failure to attend.
208. A separate application of section 17B is specified in new subsection (1F), which essentially preserves the original effect of section 17B(1) of the MCA 1980. It provides that, where the court considers that it is not practicable for the proceedings to be conducted in an adult defendant’s presence because of their disorderly conduct and it would not be contrary to the interest of justice to do so, they can proceed in the absence of the defendant.
209. Section 9, subsection (2)(c), amends subsection (2) of section 17B of the MCA 1980, in order to acknowledge that there may now be circumstances in which a legal representative is not present at the hearing (e.g. if the condition specified under new subsection 1(D) above has been met) and thus, provides that section 17B(2)(a) to (d) only applies if a legal representative of the adult defendant is present.
210. Section 9, subsection (2)(d), inserts new subsection (5) of section 17B of the MCA 1980, which directs the court to proceed with the allocation procedure in accordance with amended section 18(1) if no legal representative is present at the hearing. It also specifies that an adult defendant will be taken for the purposes of section 20 to have indicated a not-guilty plea.
211. Section 9, subsection(3), omits subsection 18(3) of the MCA 1980 because the effect of this subsection will be preserved and provided for under new subsection (1F) of section 23 of the MCA 1980 (see below for further details), so that the powers to proceed if an adult defendant is absent from an allocation hearing are consolidated together under section 23 of the MCA 1980.
212. Section 9 subsection (4)(a), changes the heading of section 23 of the MCA 1980 from "Power of court, with consent of legally represented accused, to proceed in his absence" to "Power to proceed if accused absent from allocation hearing" to account for the wider range of circumstances that will be provided for.
213. Section 9, subsection (4)(b), substitutes section 23(1) of the MCA 1980 with new subsections (1A) to (1G), which specify the wider range of circumstances in which section 23 of the MCA 1980 has effect so that a magistrates’ court may proceed with the allocation procedure for triable either-way offences in the absence of an adult defendant.
214. New subsection (1A) provides overarching safeguards in that the court can only proceed in the absence of an adult defendant if the defendant fails to appear at the hearing, and the court is satisfied that it is not contrary to the interests of justice to do so in combination with any of the conditions specified in new subsections 23(1B) to 23(1E) of the MCA 1980 being met.
215. The first condition, specified in new subsection (1B), is that the adult defendant’s legal representative is present at the hearing and has been instructed by the defendant to consent to the hearing in the defendant’s absence.
216. The second condition, specified in new subsection (1C), is that that an adult defendant’s legal representative is present at the hearing and the court considers there is no acceptable reason for the defendant’s failure to attend.
217. The third condition, specified in new subsection (1D), is that the court is satisfied that a notice of the allocation proceedings was served on the adult defendant within a reasonable time before the hearing and there is no acceptable reason for the defendant’s failure to attend.
218. The fourth condition, specified in new subsection (1E), is that the adult defendant has appeared in court on a previous occasion to answer the charge (when the matter would have been listed for the allocation hearing in the defendant’s presence) and the court does not consider there is an acceptable reason for the defendant’s failure to attend.
219. A separate application of section 23 is specified in new subsection (1F), which essentially preserves the effect of omitted section 18(3) of the MCA 1980. It provides that, where the court considers that it is not practicable for the proceedings to be conducted in an adult defendant’s presence because of their disorderly conduct and it would not be contrary to the interest of justice to do so, they can proceed in the absence of the defendant.
220. New subsection (1G) allows a magistrates’ court to move straight to the allocation procedure if (under new section 17B(5) of the MCA 1980) it decides at the prior plea-before-venue stage to proceed in the absence of the adult defendant or a legal representative, without a fresh consideration of the merits of proceeding in the absence of the defendant. This means that the court will need to reconsider the merits of proceeding in absence of the defendant: (i) where the court has not proceeded from plea-before-venue straight to allocation during the same hearing; or (ii) where a legal representative is present.
221. In cases where the allocation decision is proceeded with in an adult defendant’s absence, they are deemed to have indicated a not-guilty plea, and the court will proceed to allocate the case for a summary trial in the magistrates’ court or a jury trial on indictment in the Crown Court. This allocation decision is made on the basis of the complexity of the case and whether the magistrates’ sentencing powers would be adequate to deal with the case on conviction.
222. Section 9, subsection (4)(c), amends section 23(4) of the MCA 1980, which directs how the court should proceed if it decides that the offence is more suitable for a summary trial in an adult defendant’s absence, in order to provide that section 23(4)(a) and (b) only apply if a legal representative of the defendant is present at the hearing.
223. Section 9, subsection (4)(d), inserts new subsections (4A) and (4B) of section 23 of the MCA 1980, which direct how the court should proceed if the court decides that the offence is more suitable for summary trial in the adult defendant’s absence when no legal representative is present at the hearing. New subsection (4A) enables the court to prepare for and proceed with a summary trial of the offence. However, new subsection (4B) specifies that where an offence is allocated for summary trial in the absence of a defendant and a legal representative, the defendant (who will not have previously consented to be tried summarily), may at any time before the start of the summary trial apply to the court for the question of the mode of trial to be re-opened. If the court agrees that it would be in the interest of justice to do so (having particular regard to the reason why the defendant previously failed to appear), it may cease to proceed to trial and instead recommence the allocation decision hearing so that the defendant may elect for a jury trial if they wish.
224. Section 9 subsection (5) inserts new section 24BA of the MCA 1980 (power to proceed if child or young person absent from plea and allocation hearing), which enables the magistrates’ court (including a youth court) to proceed with the allocation procedure for an indictable offence where a defendant is a child or young person in their absence when the child or young person has both failed to provide an indication of plea in writing/online (in accordance with new section 24ZA of the MCA 1980) and failed to appear at the subsequent allocation hearing.
225. New section 24BA(1) of the MCA 1980 provides overarching safeguards that specify the court can only proceed to allocate the offence in the absence of a child or young person where: (i) a hearing is being held for the purpose of section 24A(2) of the MCA 1980; (ii) the child or young person has not appeared at the hearing; (iii) the child or young person has failed to provide a written/online indication of plea in accordance with new section 24ZA of the MCA 1980; (iv) either the court is satisfied that notice has been served on the defendant in good time or the defendant has appeared at court on a previous occasion to answer the charge; (v) the court considers there is no acceptable reason for the child or young person’s failure to appear; and (vi) the court is satisfied that it would not be contrary to the interests of justice for the hearing to proceed in the child or young person’s absence.
226. New section 24BA(2) of the MCA 1980 provides that where the court proceeds in accordance with new section 24BA, section 24A will cease to apply.
227. New section 24BA(3) of the MCA 1980 specifies that if an absent child or young person has no legal representation present at the hearing, the court is to proceed with the allocation decision as if the child or young person had appeared and indicated a not-guilty plea.
228. New section 24BA(4) of the MCA 1980 specifies that if an absent child or young person does have legal representation present at the hearing, the court is to proceed in accordance with the existing provisions for allocation in the absence of a child or young person provided for under section 24B(2) of the MCA 1980.

Section 10: Sending cases to Crown Court for trial

229. Section 10 will amend section 51 (sending of adult defendants to Crown Court for trial) and section 51A (sending of children or young persons to Crown Court for trial) of the Crime and Disorder Act 1998 ("CDA 1998") to enable indictable offences to be sent to the Crown Court without a first hearing in the magistrates’ court. This is both in respect of offences that are only triable on indictment and those that are triable either-way, but which have been allocated for trial in the Crown Court.
230. Amendments to section 51 of the CDA 1998 are set out in subsections (2) to (5), and amendments to section 51A of the CDA 1998 are set out in subsections (7) to (11). The application of sections 51 and 51A of the CDA 1998 turn on the age of the defendant when the court considers sending a case to the Crown Court.
231. Sections 51, new subsection (2A) (adults), and 51A, new subsection (3A) (children), will provide for sending at a hearing if the defendant is present before the court when it is determined that the case is to be sent. However, if the defendant is not present when it is determined that the case is to be sent, the magistrates’ court must serve certain documents on the person being sent to the Crown Court for trial (sections 51, new subsection (2B), and 51A, new subsection (3B)). This includes documents which state the charge against the defendant, explain that the court is required to send the defendant to the Crown Court for trial for the offence, and any other information as required by the CrimPRs.
232. As soon as practicable after the relevant documents have been served on the defendant, the magistrates’ court must send the defendant to the Crown Court for trial (sections 51, new subsection (2C), and 51A, new subsection (3C)). This can be done outside of a court hearing.
233. The CrimPRs can make provisions about the circumstances in which a defendant is not to be served the documents giving the defendant notification of being sent to the Crown Court for trial, and how a defendant is to be sent to the Crown Court for trial in such circumstances (sections 51, new subsection (2E), and 51A, new subsection (3E)).
234. The circumstances when related cases or co-defendants are also to be sent to the Crown Court along with the main offence will be dealt with by the CrimPRs under sections 51, new subsections (3A) and (3B), and 51A, new subsections (4A) and (4B). The CrimPRs will replace the existing provisions in sections 51(3) to (12) and 51A(4) to (10). They may include provision for related summary-only offences to be sent to the Crown Court (see new subsection (3B)(a)(iii) and (4B)(a)(iii)). However, in the event that, for whatever reason, the indictment subsequently changes so that only the summary offence(s) remains, there is a new general power to remit such cases from the Crown Court to the magistrates’ court (see Section 11).
235. The circumstances where indictable offences can be sent straight to the Crown Court without a first hearing will apply to cases where defendants have been charged by postal charge and requisition or charged and bailed by the police. Consequently, Section 10 also inserts new subsection (2A) into section 52 of the CDA 1998 to provide that where the court sends a person for trial under section 51 or 51A other than in open court, it must do so on bail (see new subsection (2A)(a)) and that bail must be unconditional (if the defendant is not already on bail, or is on unconditional bail), or if the defendant is already on bail subject to conditions, subject to the same conditions (see new subsection (2A)(b)). However, this is a discretionary power, and magistrates’ courts will only deem a case suitable to be sent under this power where it is appropriate to issue bail on the papers.

Section 11: Powers of Crown Court to remit cases to the magistrates’ court

236. Section 11 inserts new section 46ZA into the Senior Courts Act 1981 so as to give the Crown Court a new general power to send a person back to a magistrates’ court for trial (see new section 46ZA(1)).
237. New section 46ZA(2) states that this power to remit cannot be exercised if the offence in question is indictable-only (or falls within section 51A(12) of the CDA 1998 if the defendant is under 18). Where the offence in question is triable either-way, the Crown Court must obtain the defendant’s consent to exercise the power if the defendant has attained the age of 18 (or is a body corporate): new section 46ZA(3). Accordingly, defendants’ right to elect for jury trial is unaffected (there is no requirement for the defendant to consent to the court remitting a summary-only offence).
238. In light of the general principle of summary trial in the youth court for under 18-year-olds, new section 46ZA(4) requires the Crown Court to consider (if need be of its own motion) whether to send a person under the age of 18 who appears before the Crown Court back to a magistrates’ court (including a youth court); and if it decides not to send a under-18 defendant back, the court must give reasons for not sending.
239. In deciding whether to exercise the power (new section 46ZA(5)), the Crown Court must consider all other offences which are related to the main offence, whether in relation to the same defendant or a co-defendant, and have regard to any allocation guidelines.
240. New section 46ZA(6) also provides that where the Crown Court exercises the power set out in new section 46ZA(2) it may give the necessary directions in regard to whether the defendant is remanded in custody or released on bail until the defendant can appear or be brought before the magistrates’ court.
241. New section 46ZA(7) states that there is no right of appeal against an order under new section 46ZA(1).
242. Section 11 also inserts new section 25A into the Sentencing Code to give the Crown Court the power to remit an adult offender to a magistrates’ court for sentence (new section 25A(2)). New section 25A(1) sets out that this power can only be exercised where a person has attained the age of 18 (or is a body corporate), and where an individual has either been convicted of an offence by a magistrates’ court and committed to the Crown Court for sentence, or has been convicted of a offence by the Crown Court following a plea of guilty.
243. In deciding whether to exercise the power (new section 25A(3)) the Crown Court must consider all other offences which are related to the main offence, whether in relation to the same defendant or a co-defendant, and have regard to any allocation guidelines.
244. New section 25A(4) states that there is no right of appeal against an order under new section 25A(2).
245. Section 11 will also inset new subsection (2A) into section 25 of the Sentencing Code to provide for the court’s ability remit back to youth court for sentencing. It is possible this could be used in relation to those individuals believed to be over 18 who have been committed for sentence by the magistrates’ court, who later turn out to be under 18 years of age.

Section 12: Powers of youth court to transfer cases if accused turns 18

246. Section 12 amends section 47 of the CDA 1998 (powers of youth court) in order to make provision for the youth court to remit defendants to the adult magistrates’ court or the Crown Court, where a person who appears or is brought before a youth court charged with an offence subsequently attains the age of 18 (new subsection (A1)). New subsection (4A) sets out that, under this section, a person is taken to be the age which that person appears to the court after considering any available evidence.
247. New subsection (1) sets out that where a defendant has been charged with either a summary offence or an offence triable either way, and has subsequently attained the age of 18, the youth court may remit the person for trial to an adult magistrates’ court at any time before the start of the trial. Where a defendant has been charged with an indictable offence, and has subsequently attained the age of 18, the youth court may send the person for trial to the Crown Court at any time before the start of the trial (new subsection (1A)).
248. Where the youth court is proposing to remit a person to an adult magistrates’ court for an offence triable either way, the court must give the defendant the opportunity to elect for a jury trial and, if the person does so elect, must send the person for trial to the Crown Court (see new subsection (1C)(b)).
249. New subsection (1D) provides that this power does not have to be exercised in open court in the presence of the defendant in question; however, if it is not, then the youth court must serve certain documents on the defendant which state the charge against them; explain that the court is proposing to either remit for trial to an adult magistrates’ court or send the defendant for trial to the Crown Court; and any other information as required by the CrimPRs.
250. The circumstances when related cases or co-defendants are also to be sent to the Crown Court along with the main offence will be dealt with by the CrimPRs under new subsections (1E) and (1F). This may include provision for related summary-only offences to be sent to the Crown Court.

Section 13: Magistrates court sentencing powers

251. Section 13 amends the Sentencing Act 2020 and the Criminal Justice Act 2003 in order to provide powers to vary the general limit on magistrates’ court sentencing powers for a single triable either way offence to either maximum 6 months or 12 months’ imprisonment.
252. Subsection (1) amends section 224 of the Sentencing Code to establish separate general limits on the sentencing powers of the magistrates’ court for summary-only and triable either-way offences.
253. Subsection (2) inserts new section 14(A) into Schedule 23 to the Sentencing Act 2020 to provide the power to amend the general limit for triable either-way offences only. This allows for the limit for custodial sentences for triable-either way offences to be varied between either 6 months or 12 months maximum. At the point the limit is changed, this will apply only to offences for which a conviction is obtained on, or after, the day the amendment comes into force. The power is subject to the negative resolution procedure.
254. Subsection (3) amends Schedule 1 to the Interpretation Act 1978 to insert a definition of the term "general limit in a magistrates’ court" to provide that the general limit for triable either way offences is the limit currently specified in section 224 of the Sentencing Code.
255. Subsection (4) amends section 32(1) of the Magistrates’ Courts Act 1980 and subsection (5) amends section 282(3) of the Criminal Justice Act 2003 in order to refer to the "general limit in a magistrates’ court". This will ensure that if the limit is varied in the future using the power, these references will change in accordance with that variation.
256. Subsections (6) and (7) provide that legislation to which s282(3) of the Criminal Justice Act 2003 does not apply should be read as providing for a maximum term of imprisonment not exceeding the "general limit in a magistrates’ court". This applies to legislation to which Section 282(3) of the Criminal Justice Act does not apply and which provides for a maximum term of 12 months on summary conviction of triable either-way offences, including triable-either way offences created after the Criminal Justice Act 2003 came into force.
257. Subsections (8) and (9) provide that primary legislation which confers a power to create a triable either-way offence, should be read as conferring a power to provide for a term of imprisonment not exceeding the general limit. This applies to powers created before the Criminal Justice Act 2003 was passed where the maximum term of imprisonment on summary conviction of a triable either-way offence is stated as 6 months, and powers created after the Act was passed which provide for a 12 month maximum term.
258. Subsection (10) creates a power for the Secretary of State to amend by regulations certain enactments (specified at subsection (11)) in order to spell out the effects of subsections (5), (7) and (9), and to make any amendments to that legislation which are consequential on any amendments made using that power.
259. Subsection (11) defines "relevant legislation" as an Act passed before or in the same session as this Act, or an Act or Measure of the Welsh Parliament, subordinate legislation and retained direct EU legislation made before the passing of this Act.

Section 14: Involvement of parent or guardian in proceedings conducted in writing

260. Section 34A of the Children and Young Persons Act 1933 ("the CYPA 1933") states that where a child or young person is charged with an offence or is for any other reason brought before the court, the court may (if the child is 16 years and over) or must (if the child is under 16 years) require a parent or guardian to attend at court during all stages of the proceedings unless it would be unreasonable to do so having regards to the circumstances of the case.
261. Section 14, subsection (1), introduces a number of amendments to section 34A of the CYPA 1933 so that the court may (if the child is 16 years and over) or must (if the child is under 16 years) notify a parent or guardian when proceedings against a child or young person are conducted in writing/online outside of a courtroom hearing if they are unaware (e.g. when a child or young person is invited to provide a written/online indication of plea where an allocation decision is required in accordance with new section 24ZA of the MCA 1980) unless it would be unreasonable to do so having regards to the circumstances of the case.
262. Section 14, subsection (2), changes the heading of section 34A of the CYPA 1933 from "Attendance at court of parent or guardian" to "Attendance at court or other involvement of parent or guardian" to account for the additional written/online proceedings that will also be addressed within this provision.
263. Section 14, subsection (3), inserts new subsections (1A) to (1C), which specify the circumstances in which a court may (if the child is 16 years and over) or must (if the child is under 16 years) notify a parent or guardian of proceedings conducted in writing if they are unaware unless and to the extent that the court is satisfied that it would be unreasonable to do so, having regard to the circumstances of the case.
264. New subsection (1A) specifies that where a child or young person is charged with an offence, the court may (if the child is 16 years and over) or must (if the child is under 16 years) exercise the functions conferred by new subsections (1B) and (1C) unless it would be unreasonable to do so having regards to the circumstances of the case.
265. New subsection (1B) specifies that where any stage of the proceedings against a child are conducting in writing/online, the court may or (as the case may be) must ascertain whether the child or young person’s parent or guardian is aware that the written/online proceedings are taking place and if they are not, provide them with information about the proceedings.
266. New subsection (1C) specifies that where a child or young person provides a written/online indication of plea under new section 24ZA of the MCA 1980, the court may or (as the case may be) must ascertain whether the child or young person’s parent or guardian is aware that a written/online indication of plea has been provided and if they are not, bring the written/online indication of plea to their attention.
267. Section 14, subsection (4), amends section 34A(2) of the CYPA 1933, which makes provision for the application of section 34A in relation to a child or young person for whom a local authority have parental responsibility, so that new subsections (1A) to (1C) also apply.

Section 15: Removal of certain requirements for hearings about procedural matters

268. Section 15 will allow the Crown Court to determine an application for a witness summons in criminal proceedings without a hearing. It also removes certain statutory requirements in criminal proceedings for the court to hold a hearing before lifting reporting restrictions. Although the court will continue to have the option of convening a hearing in all these circumstances, the amendments will enable the court to make a decision ‘on the papers’ without a hearing, where satisfied that this is appropriate.
269. Subsection (1) amends section 2(8)(d) of the Criminal Procedure (Attendance of Witnesses) Act 1965 to allow the Crown Court to determine an application for a witness summons in criminal proceedings on the papers.
270. Subsection (2) to (7) amend nine provisions to enable courts in England and Wales to consider written representations rather than have to hear oral representations from an accused person who objects to the lifting of reporting restrictions imposed in relation to:

a. a pre-trial ruling by a magistrates’ court;

b. a preparatory hearing in a complex or serious fraud case or an appeal arising from such a hearing;

c. a preparatory hearing in a complex, serious or lengthy case, or an appeal arising from such a hearing;

d. a pre-trial ruling in a case which is to be tried on indictment;

e. allocation or sending proceedings;

f. an application for dismissal of a charge in a case which has been sent to the Crown Court for trial;

g. a special measures direction in relation to a vulnerable or intimidated witness;

h. a direction for a vulnerable accused to give evidence through a live link; and

i. a direction prohibiting an accused person from cross-examining a witness in person.

Section 16: Documents to be served in accordance with Criminal Procedure Rules

271. Section 16 gives effect to Schedule 1, which contains amendments to existing legislation to enable the service of documents in certain criminal proceedings, or in certain related contexts to be in accordance with CrimPRs. As a result, such service can be effected by whichever means is the most appropriate in any given case, including by electronic means.

Section 17: Power to make consequential or supplementary provision

272. This section allows the Lord Chancellor to make regulations which make consequential or supplementary provisions in relation to any of the provisions in this Chapter.
273. The regulations may amend, repeal or revoke primary and secondary legislation, but may only amend, repeal or revoke provision of an Act passed before this Act is passed or in the same Session.
274. Under subsections (3) and (4), regulations under this section will be subject to the negative resolution procedure in Parliament unless they amend primary legislation, in which case they will be subject to the affirmative resolution procedure. Section 45 makes further provision in relation to those procedures.

Section 18: Consequential and related amendments

275. This section introduces Schedule 2, which makes consequential and related amendments.

Chapter 2: Online procedure

Section 19: Rules for online procedure in courts and tribunals

276. This section provides in subsection (1) that there are to be rules, to be known as Online Procedure Rules, which, for specified proceedings (meaning proceedings specified in regulations made by the Lord Chancellor under section 20) require parties to civil, family or tribunal proceedings to use electronic means to start proceedings or take steps in them (i.e. online procedure). Rules may provide for all or any part of the procedure for conducting proceedings online, including starting and defending proceedings and participating in hearings. Subsection (2) provides that these rules are to be called Online Procedure Rules; subsection (3) provides for objectives to which regard must be had whenever the power to make Online Procedure Rules is exercised, including the objective of securing that practice and procedure under the rules are accessible and fair (for which subsection (4) specifically provides that regard must be had to those who need support to take part in any way using electronic means.) Subsection (5) provides for different rules to be able to be made for different kinds of proceedings.
277. Subsection (6) requires provision to be made in Online Procedure Rules for litigants who are not legally represented to be able to choose to take by non-electronic means steps which they would otherwise be required to take by electronic means. Subsection (7) provides that Online Procedure Rules, where they require a person to use electronic means, must also provide that a court or tribunal may direct the use instead of non-electronic means. Subsection (8) makes clear that Online Procedure Rules may provide for matters to be determined by electronic means as a result of steps taken, or failed to be taken, by the parties by electronic means (so that, for example, a matter might be determined by electronic means in default of a response which a party was required to provide by electronic means).
278. Subsections (9) to (11) provide for circumstances in which the rules are not to apply or are to cease to apply to proceedings so enabling, for example, particularly complex cases to be transferred out of the online procedure to the appropriate court or tribunal and so become subject to the civil, family, or tribunal procedural rules (‘the applicable standard rules’) as appropriate; and for the rules to be able to provide for alternative procedures to accommodate those cases to which the Online Procedure Rules would otherwise cease to apply. For example, this might apply where a party might not have access to the requisite IT, so creating a parallel procedure which may still be subject to those features of the online procedure that are readily available to the parties. Subsection (12) permits rules to provide for separate proceedings to be taken in a different court than the normal one and for separate proceedings to be taken together (so that, for example, certain housing-related matters might be brigaded together in a single set of proceedings before a single court or tribunal rather than having to be spread across one or more courts and/or tribunals). Subsection (13) requires that the Online Procedure Rules may not provide for proceedings to be taken outside the jurisdiction where the proceedings are brought. It also requires that the Online Procedure Rules may not provide for appeals to take place in the same court or tribunal as the decision being appealed against. Subsection (14) makes it clear that this section is subject to section 21 (which allows the Lord Chancellor to provide in regulations for parties to have the option of proceeding under Online Procedure Rules or the "applicable standard rules"; and subsection (15) introduces Schedule 3, which makes provision about practice directions in relation to proceedings governed by Online Procedure Rules.

Section 20: "Specified kinds" of proceedings

279. Subsection (1) of this section allows for proceedings which are of one of the listed types of proceedings (civil, family, First-tier or Upper Tribunal, employment tribunal or Employment Appeal Tribunal) to be specified in regulations as subject to the online procedure and accordingly to Online Procedure Rules.
280. Subsection (2) provides a non-exhaustive list of the factors by reference to which proceedings may be specified as coming within the scope of the online procedure, including the legal basis of the proceedings (for example, a breach of contract) and the factual basis of the proceedings (for example, a money claim), and the value of any claim within the proceedings.
281. Subsections (3) and (4) make regulations under this section subject to the "concurrence requirement" (i.e. requiring the concurrence of the Lord Chief Justice, or Senior President of Tribunals if the regulations concern proceedings before tribunals – see section 31) and to affirmative resolution procedure.

Section 21: Provision supplementing section 19

282. Subsection (1) enables the Lord Chancellor to specify the circumstances in which a party to proceedings may choose whether to proceed under Online Procedure Rules or under the applicable standard rules for the appropriate alternative civil or family court or tribunal, and subsection (2) makes it clear that practice directions for online proceedings (under Schedule 3) do not apply where the applicable standard rules apply because of provision made under subsection (1). Subsections (3) and (4) enable the Lord Chancellor to specify the circumstances in which Online Procedure Rules should not apply, or cease to apply, to specified proceedings (subsection (5) explains the meaning of "excluded proceedings") and to provide for the circumstances in which such proceedings may nonetheless remain subject to the Online Procedure Rules, so enabling the rules to provide for alternative procedures under section 19 (10) to (12).
283. Subsections (6) and (7) make regulations under this section subject to the "concurrence requirement" (i.e. requiring the concurrence of the Lord Chief Justice or Senior President of Tribunals – see section 31) and to affirmative resolution procedure.

Sections 22 and 23: The Online Procedure Rule Committee and the powers of the Online Procedure Rule Committee

284. These sections set out the membership of the OPRC and its powers. They also include the procedure for appointing members. The Lord Chancellor is authorised to reimburse the committee members for travel expenses and out of pocket expenses incurred while on committee business. The Committee has the same rule making powers that are available to the Civil Procedure Rule Committee, the Family Procedure Rule Committee and the Tribunal Procedure Committee (including the ability to make rules providing for a matter to be provided for in a practice direction), and may apply any other procedural rules or procedural provisions not in rules (such as provision contained in a statute for a particular area).

Section 24: Power to make certain provision about dispute-resolution services

285. This section will enable the Online Procedure Rule Committee (OPRC) to have greater flexibility in relation to pre-action behaviour by prospective litigants, by allowing Online Procedure Rules to refer to things done by third parties rather than having to spell out the details in the Rules themselves.
286. Subsection (1) sets out which Online Procedure Rules the section applies to - those which provide for electronic transfer of information from a pre-action dispute resolution service to the court or tribunal (enabling "plugging in" to court or tribunal proceedings), or for a court or tribunal to take into account the engagement (or otherwise) of parties with such a pre-action dispute resolution service (similarly to pre-action protocols under existing rules).
287. Subsection (2) allows for the Rules to be expressed so that the way in which they apply in relation to any pre-action dispute resolution service depends on things done from time to time by a particular person; and subsection (3) sets out two specific examples - that the Rules might refer to online dispute resolution services which appear on an externally provided list as meeting the standards, or are certified by a specified person as meeting the standards, without the Committee having to accredit the services itself, or having to maintain a list in the Rules of accredited providers. Subsection (4) defines terms used in the section.

Section 25: Power to change certain requirements relating to the Committee

288. This section (which is on similar lines to provision made in relation to other rule committees) enables the Lord Chancellor by regulation to alter the composition of the OPRC, by amending section 22, with the concurrence of, the Lord Chief Justice and the Senior President of Tribunals and following consultation with senior members of the judiciary. Regulations under this section are subject to the negative resolution procedure. This flexibility is considered necessary because, as the scope of the Online Procedure Rules increases, it may be necessary to increase the Committee’s membership or widen its expertise in order to assist in making rules.

Section 26: Process for making Online Procedure Rules

289. This section describes the process for making Online Procedure Rules (which mirrors that for rules made by other rule committees). Before making or amending rules, the OPRC must hold a meeting (unless it is inexpedient to do so) whether in person or otherwise, and consult any appropriate persons, which allows the Committee to call on the expertise of non-committee members to inform discussion about any proposed rule changes. Any rules drafted by the Committee must be signed by at least half the members of the committee, where one is the chair, or a majority of the committee members in any other case, before being submitted to the Lord Chancellor who may allow or disallow the rules. Where a rule is disallowed, the Lord Chancellor, having appropriate regard for digitally excluded people, must give the Committee written reasons for doing so. Rules come into force on such a date as the Lord Chancellor decides and are to be contained in a statutory instrument subject to the negative resolution procedure.

Section 27: Power to require Online Procedure Rules to be made

290. The Lord Chancellor may (as with other rule committees) give the OPRC written notice that the Lord Chancellor thinks that the online rules should include provision to achieve a specified purpose. The Committee must on being given such a notice make the rules within a reasonable period and in accordance with the procedure for making rules, outlined above. Although rarely used, it is a matter of expediency that the appropriate Minister should be able to direct the Committee to make rules, which might be required as a matter of urgency, without additional procedure. This is consistent with current powers in section 3A of the Civil Procedure Act 1997, section 79A of the Courts Act 2003 and Part 3 of Schedule 5 to the Tribunals Courts and Enforcement Act 2007.

Section 28: Power to make amendments in relation to Online Procedure Rules

291. This section (mirroring provision in relation to Civil Procedure Rules and rules made by other rule committees) enables the Lord Chancellor by regulations to amend primary and secondary legislation as the Lord Chancellor considers necessary or desirable either in consequence of Online Procedure Rules or to facilitate the making of Online Procedure Rules. Regulations which amend primary legislation must be made subject to affirmative resolution procedure (subsection (5)), while those which amend subordinate legislation alone are subject to negative resolution procedure (subsection (6)). It is anticipated that this power will be used to make minor revisions to legislation in order, for example, to regularise and modernise terminology to match that in new rules. Before making regulations, the Lord Chancellor must consult the Lord Chief Justice and the Senior President of Tribunals (subsection (3)).

Section 29: Duty to make support available for those who require it

292. This section provides for the Lord Chancellor to arrange for the provision of such support as the Lord Chancellor considers appropriate and proportionate to allow digitally excluded people to participate fully in proceedings using electronic means.

Section 30: Power to make consequential or supplementary provision

293. This section allows the Lord Chancellor to make regulations which make consequential or supplementary provision in relation to any provisions of this Chapter.
294. Regulations may amend, repeal or revoke primary and secondary legislation, but may only amend, repeal or revoke provision of an Act passed before this Act is passed or in the same session.
295. Under subsections (3) and (4), regulations made under this section will be subject to the negative resolution procedure in Parliament unless they amend primary legislation, in which case they will be subject to the affirmative resolution procedure.

Section 31: Amendments of other legislation

296. This section introduces Schedule 4, which makes amendments to other legislation, principally to exclude the "applicable standard rules" from cases where Online Procedure Rules apply.

Section 32: Judicial agreement to certain regulations

297. This section explains what is meant by the "concurrence requirement" for certain powers to make regulations. Subsection (1) gives the meaning, namely that for regulations subject to the concurrence requirement, the regulations require the concurrence of the Lord Chief Justice (if or to the extent that they relate to civil or family proceedings) and/or the Senior President of Tribunals (if or to the extent that they relate to proceedings in the First-tier Tribunal, Upper Tribunal, employment tribunals or the Employment Appeal Tribunal). Subsection (2) allows for the Lord Chief Justice to delegate the function of concurring in the making of such regulations to a judicial office holder.

Section 33: Interpretation of this Chapter

298. This section defines terms used in sections 20-32 and Schedules 3 and 4.

Chapter 3: Employment Tribunals

Section 34: Employment Tribunal Procedure Rules

299. This section (together with Schedule 5, which it introduces) makes provision for there to be Employment Tribunal Procedure Rules, to be made by the Tribunal Procedure Committee, replacing the powers of the Secretary of State and Lord Chancellor to make employment tribunal procedure regulations and Employment Appeal Tribunal rules respectively.
300. Subsections (1) to (4) make the main provision to replace/transfer the powers, replacing existing sections 7 and 30 of the Employment Tribunals Act 1996 (the 1996 Act), which respectively provide for employment tribunal procedure regulations and Employment Appeal Tribunal rules, with new sections providing for "Procedure Rules" to govern practice and procedure in the employment tribunals (section 7) and Employment Appeal Tribunal (section 30), and inserting into the 1996 Act a new section 37QA which provides that there are to be Employment Appeal Tribunal Procedure Rules made by the Tribunal Procedure Committee, and that "Procedure Rules" in the 1996 Act as amended means those rules.
301. Subsection (1) is introductory and provides for the 1996 Act to be amended as provided by subsections (2) to (4).
302. Subsection (2) substitutes for section 7 of the 1996 Act a new section 7 which provides that Procedure Rules are to govern the practice and procedure to be followed in the ETs.
303. Subsection (3) similarly substitutes for section 30 of the 1996 Act a new section 30, subsection (1) of which provides that Procedure Rules are to govern the practice and procedure to be followed in the EAT, while subsection (2) provides that the EAT (which is, by virtue of section 20 of the 1996 Act a superior court of record) retains the power to regulate its own practices and procedures, subject to Procedure Rules, practice directions made under section 29A(1) and any other provision made by or under an enactment.
304. Subsection (4) inserts into the 1996 Act a new section 37QA which (together with new Schedule A1 which it introduces into the 1996 Act) provides for the power to make Employment Tribunal Procedure Rules, how such rules are to be made and what they may contain. Subsection (1) of the new section provides that there are to be Employment Tribunal Procedure Rules made by the Tribunal Procedure Committee; subsection (2) provides that the term "Procedure Rules" used in the Act means such rules; subsection (3) introduces Schedule A1, which makes provision about the making of Employment Tribunal Procedure Rules and what they may contain which corresponds to that made for Tribunal Procedure Rules by Schedule 5 to the Tribunals, Courts and Enforcement Act 2007; and subsection (4) makes it clear that the breadth of the power to make rules is not constrained by any other provision which states what the rules may or must contain.
305. Subsection (5) introduces Schedule 5, which contains further provisions in connection with the provision made by the rest of the section (including consequential amendments ensuring that things which may be done by or which relate to employment tribunal procedure regulations may be done by, or relate to, Employment Tribunal Procedure Rules).

Section 35: Composition of tribunals

306. This section replaces the existing provisions defining the composition of an ET and the EAT with new arrangements that make the Lord Chancellor responsible for regulating the composition of the ET and the EAT.
307. Subsections (1) to (4) amend the 1996 Act to provide for these new arrangements, replacing sections 4 and 28 of the 1996 Act (concerning ETs and the EAT respectively) with new sections, and making minor consequential amendments.
308. Subsection (1) is introductory and provides for the 1996 Act to be amended as provided by the following subsections.
309. Subsection (2) substitutes for section 4 of the 1996 Act, containing the existing provisions on the composition of ETs, a new section 4 containing new arrangements.
310. Subsection (1) of the new section 4 establishes the basic proposition that an employment tribunal is to be composed of a member or members chosen by the Senior President of Tribunals; subsection (2) requires members to be so chosen to belong to a panel that is appointed in accordance with regulations made under section 1(1) of the Act (regulations establishing employment tribunals); subsection (3) provides that the Senior President of Tribunals (or anyone to whom the Senior President of Tribunals has delegated the function of choosing members) must choose members in accordance with regulations made by the Lord Chancellor under subsection (4) and that the Senior President of Tribunals or such delegate may choose themselves if they are eligible by virtue of regulations made under section 1(1); subsection (4) requires the Lord Chancellor to make regulations providing for the number of members composing an ET panel for every category of case which may come before an ET; and subsection (5) provides that where regulations under subsection (4) provide for a panel to be made up of one member, they must provide for that member to be an Employment Judge.(to prevent a non-legal member from sitting alone). Subsection (6) requires regulations that provide for panels to be composed of more than one member to provide that at least one member must be an employment judge, to provide for the numbers of employment judges and other members for each category of case, and to provide for the qualifications which non-judge members of a panel must have for each category of case. Subsection (7) allows for a duty under subsections (4) and (6) to make provision for determining something to be met by providing for that thing to be determined by the Senior President of Tribunals or the President of Employment Tribunals in accordance with provision in the regulations; subsection (8) similarly allows for the requirement to specify qualifications in subsection (6)(c) to be met by giving the Senior President of Tribunals or the President of Employment Tribunals the power to determine those requirements in accordance with provision in the regulations. Subsection (9) permits an ET comprised of more than one member to proceed in the absence of one or more members, as long as a) the parties to the case agree and b) at least one of the remaining members is an Employment Judge; and subsection (10) permits an ET to proceed even where a member does not have the required qualification if the parties agree. Subsection (11) places a duty on the Lord Chancellor to consult the Senior President of Tribunals before making regulations on the composition of ETs; and subsection (12) makes provision for interpretation.
311. Subsection (3) similarly substitutes for section 28 of the 1996 Act, containing the existing provisions on the composition of the EAT, with a new section 28 containing new arrangements. The new section 28 mirrors for the EAT the provision for ETs made by the new section 4.
312. Subsection (4) makes amendments consequential on the substitution of the new sections 4 and 28, to ensure that cross-references to those sections operate correctly.

Section 36: Saving for existing procedural provisions

313. This section makes saving provision to ensure that existing procedural regulations and rules are not automatically revoked by the repeal of the provisions under which they are made, so that the transition between the existing provisions and new Employment Tribunal Procedure Rules and composition regulations can be managed appropriately.

Section 37: Exercise of tribunal functions by authorised persons

314. This section amends Chapter 2A of Part 1 of the Tribunal, Courts and Enforcement Act 2007 so that the ability of authorised case officers to perform certain judicial functions, where authorised by Tribunal Procedure Rules, which is allowed for by that Chapter, is extended to include case officers so authorised by Employment Tribunal Procedure Rules.
315. Subsection (1) is introductory and provides for Chapter 2A of the 2007 Act to be amended as provided in the following subsections.
316. Subsection (2) makes the main changes to effect the extension. These are to amend the definitions of terms presently used in Chapter 2A so that they are broadened to include references to (for example) a "relevant Procedure Rule", and then providing a definition of the new terms which includes both Tribunal Procedure Rules and Employment Procedure Tribunal Rules (and also include employment tribunals and the Employment Appeal Tribunal as well as the First-tier Tribunal and Upper Tribunal).
317. Subsection (3) substitutes in a number of places in Chapter 2A the more broadly defined term "a relevant procedure Rule" for the existing wording which captures only Tribunal Procedure Rules.

Section 38: Responsibility for remunerating tribunals members

318. This section amends the 1996 Act to transfer responsibility for the remuneration of members of the ET and the EAT from the Secretary of State for BEIS to the Lord Chancellor. Paragraph (a) does this for remuneration of ET members by amending sections 5(1), (2) and (3) of the 1996 Act, and paragraph (b) for the remuneration of EAT members by amending section 27(1), (3) and (4) of the Act.

Chapter 4: Coroners

Section 39: Discontinuance of investigation where cause of death becomes clear

319. This is an amendment to section 4 of the Coroners and Justice Act 2009 ("the 2009 Act") which will broaden the circumstances in which an investigation can be discontinued. Subsection (1) is introductory and provides for section 4 to be amended as provided in the following subsections.
320. Subsection (2) substitutes "revealed by post-mortem examination" for "becomes clear before inquest" in the section heading.
321. Subsection (3) sets out the circumstances when the investigation can be discontinued, which are when:

     "(a) the coroner is satisfied that the cause of death has become clear in the course of the investigation,

     "(aa) an inquest into the death has not yet begun."

322. Subsections (4), (5) and (6) make consequential amendments to the Births and Deaths Registration Act 1953, the Merchant Shipping Act 1995 and the Coroners and Justice Act 2009. Provisions in those Acts refer to Section 4 of the Coroners and Justice Act 2009 which, prior to its amendment, allowed a coroner to discontinue an investigation if the cause of death is revealed by post-mortem examination. The consequential amendments reflect the new wording of Section 4 as set out in Section 39 of the Bill which allows a coroner to discontinue an investigation where the cause of death becomes clear.

Section 40: Power to conduct non-contentious inquests in writing

323. This section will give coroners the flexibility to forgo the need for an inquest in non-contentious cases. Under this provision, the coroner would issue a written ruling like a judgement. Rule 23 of the Coroners (Inquests) Rules 2013 (the 2013 Rules) provides for a "documentary" or "Rule 23 inquest" which comes very close to being entirely on paper, but a limited public hearing must still take place (see Chief Coroner’s Guidance 29). This would therefore just be a natural extension of the existing arrangement.
324. Subsection (1) is introductory and states that the 2009 Act will be amended as provided in the following subsections.
325. Subsection (2) inserts new section 9C after section 9B in the 2009 Act.
326. New section 9C(1) provides that where an inquest is to be held without a jury, it can be held at a hearing or in writing if the senior coroner decides that a hearing is unnecessary.
327. New section 9C(2) sets out the circumstances in which the Senior Coroner can decide if a hearing is unnecessary. They are:
     1. the coroner has invited representations from each interested person known to the coroner,
     2. no interested person has represented on reasonable ground that a hearing should take place;
     3. it appears to the coroner that there is no real prospect of disagreement among interested persons as to the determinations or findings that the inquest could or should make; and
     4. it appears to the coroner that no public interest would be served by a hearing.
328. Subsections (3) to (5) amend sections 10(1), 45(2) and 47(2) of the 2009 Act to in order that those provisions also apply in circumstances where an inquest has been held in writing without attendance.
329. Subsection (6) amends paragraph 11 of Schedule 1 to the 2009 Act to require fresh consideration of whether an inquest resumed after an adjournment should be held at a hearing or in writing.

Section 41: Use of audio or video links at inquests

330. This section is to allow pre-inquest reviews and inquests to take place where all participants, including the coroner, participate remotely. Subsection (1) is introductory and provides for the 2009 Act to be amended. Subsections (2) and (3) are to permit the making of rules which may allow coroners to conduct wholly virtual hearings so that they are in the same position as civil courts.

Section 42: Suspension of requirement for jury at inquest where coronavirus suspected

331. This section is to continue (on a temporary basis) the provision first enacted in section 30 of the Coronavirus Act 2020 that disapplies the requirement for a coroner to conduct an inquest with a jury in a case where a death is suspected to have been caused by COVID-19, which is a notifiable disease.
332. Subsection (1) amends Section 7(2)(c) of the 2009 Act which requires a coroner to hold an inquest with a jury where the coroner has reason to suspect that the death was caused by a notifiable disease. This subsection inserts a new subsection (5) into the 2009 Act to disapply this requirement in relation to COVID-19.
333. Subsection (2) clarifies that subsection (1) affects any inquest opened on or after the day on which the section comes into force, regardless of the date of death.
334. Subsection (3) provides for the new subsection (5) in section 7 of the 2009 Act to expire after a period of two years. The two-year period begins on the day this section comes into force.
335. Subsection (4) requires the Lord Chancellor to assess the likely effects on the coronial system of the provision expiring.
336. Subsections (5) and (6) allow the Lord Chancellor, having carried out that assessment, to make regulations to prevent the new subsection (5) in section 7 of the 2009 Act from expiring. Subsection (6)(b) allows for the new expiry date to be specified in the regulations, and subsection (7) requires that the date may be no later than two years after the previous expiry day.
337. Subsection (8) requires that regulations made under subsection (6) are subject to the affirmative resolution procedure, as set out in section 45(3) of the 2009 Act.
338. Subsection (9) requires that subsection (2) expires when the new subsection (5) expires, meaning that it cannot be renewed again by subsection (6).
339. Subsection (10) clarifies terms used in the new subsection (5).
340. Subsection (11) omits section 30 of the Coronavirus Act 2020. Subsection (12) provides that subsection (11) does not affect any inquest opened while section 30 of the Coronavirus Act 2020 was still in force.

Section 43: Phased transition to new coroner areas

341. This section is to address a point in the 2009 Act that does not permit the merger of pre-existing smaller coroner areas made under previous legislation (and preserved by the 2009 Act), if the merger of those smaller coroner areas would make a new coroner area which is not the entire local authority area.
342. This has caused difficulties because under paragraph 1(2) of Schedule 2 to the 2009 Act, each coroner area is to consist of the area of a local authority or the combined areas of two or more local authorities. Two coroner areas may not be merged into one coroner area if that area will consist in total of less than the area of a local authority.
343. This section inserts a new paragraph 1A after paragraph 1 of Schedule 22 to the 2009 Act to permit two or more coroner areas each of which is wholly within the area of the same local authority and is specified in either the transitional order (which preserved coroner areas made under previous legislation), or an earlier order made by virtue of the paragraph to combine, by order, without the resulting coroner area having to satisfy paragraph 1(2) of Schedule 2 i.e. not having to be the whole of the area of a local authority.

     Example (1): merger of coroner areas Kent consists of four separate coroner areas. Kent County Council, with the approval of the Chief Coroner, wishes all four areas to be combined into one coroner area, coterminous with the area of Kent County Council and Kent Police Authority. Kent would have liked to achieve this piecemeal, merging one area with another as and when a senior coroner from one of the coroner areas retires. But that is not possible under Schedule 2 to the 2009 Act in its present form. This amendment will permit Kent County Council by order of the Lord Chancellor to combine all four areas into one coroner area.

Section 44: Provision of information to registrar when investigation discontinued

344. New section 23(4) of the Births and Deaths Registration Act 1953 enables a registrar to register a death on the basis of information provided by the coroner, on request by the registrar, when the coroner's investigation has been discontinued and the coroner has authorised the disposal of the body.
345. New section 23(4) does not remove the duty imposed by the Births and Deaths Registration Act 1953 on a qualified informant (normally a family member) to provide the registrar with information required for a death to be registered. However, where a qualified informant is unable or unwilling to provide such information, this new section enables the registrar to request that the coroner supplies the relevant information for registration, in those cases where the coroner has established the information as part of their initial investigation.
346. These cases are the exception rather than the norm and new section 23(4) is only intended to apply to those deaths where no qualified informant is available or willing to provide information. In order for the new section to apply the coroner must have conducted some initial investigation but then discontinued the investigation under section 4 of the 2009 Act as the cause of death becomes clear before an inquest is formally opened (for instance where it has been established by a post-mortem examination that the death is one of natural causes). The coroner must have also authorised the disposal of the body.
347. New section 23(4) does not impose a duty on the coroner to provide information to the registrar.

Chapter 5: Other provisions about courts

Section 45: Abolition of local justice areas

348. Section 43 provides for the abolition of local justice areas (LJAs) (see section 43(1)), which will have a number of effects.
349. Removing the requirement that magistrates’ courts in England and Wales must be divided into separate local justice areas will require a great number of consequential amendments to existing legislation to remove and replace references to local justice areas, as well as deal with fines and community orders and additionally to make provision for the appointment deployment, training, development, and appraisal of magistrates who are currently appointed to local justice areas.
350. Section 43(3) provides the Lord Chancellor with a power to make consequential or supplementary provisions, including provision amending, repealing or revoking provisions made by or under other Acts of Parliament whenever passed or made (see subsection ()). These regulations are to be made by statutory instrument subject to the affirmative procedure in the case of regulations amending Acts, or negative procedure otherwise (subsections (5) and (6)).

Section 46: The Mayor’s and City of London Court: removal of duty to provide premises

351. Subsection (1) establishes that the Act will make changes to Section 29 of the Courts Act 1971.
352. Subsection (2) makes amendments to section 29(1) of the Courts Act 1971, removing the specific obligation to provide the Mayor’s and City of London Court premises.
353. Subsection (3) makes amendments to section 29(2) of the Courts Act 1971 to substitute "courts" for "court" as a result of changes made in subsection (2). This is necessary as the obligation to provide the Central Criminal Court under section 29 will remain.

Section 47: The City of London Magistrates’ Court: removal of duty to provide premises

354. Subsection (1) removes a paragraph from Schedule 2 to the Courts Act 2003, removing the specific obligation to provide the City of London Magistrates’ Court premises.
355. Subsection (2) makes consequential changes to paragraph 35 of Schedule 14 to the Access to Justice Act 1999.

Section 48: Payments in respect of pro bono representation

356. In the current section 194 of the Legal Services Act 2007, pro bono costs orders can be made in the civil courts. A pro bono costs order is an order to make a payment to a prescribed charity (currently the Access to Justice Foundation) in respect of the representation of a party to proceedings, where that part was represented by a qualified legal representative and that representation was provided free of charge.
357. This section extends the effect of section 194 by allowing the same sort of pro bono costs order to be made in the First-Tier Tribunal, the Upper Tribunal, an employment tribunal, the Employment Appeal Tribunal and the Competition Appeal Tribunal, by adding further sections to the 2007 Act.
358. Subsection (2) of section 48 adds new section 194A to the 2007 Act. Subsections (1) to (6) of new section 194A make pro bono costs orders available in relevant tribunal proceedings. Subsection (11) of new section 194A defines "relevant tribunal proceedings" as proceedings in the First-Tier Tribunal, the Upper Tribunal, an employment tribunal, the Employment Appeal Tribunal and the Competition Appeal Tribunal. Subsections (7) to (9) of new section 194A provide that a relevant tribunal cannot make a pro bono costs order against a party that is represented by a legal representative free of charge or against a party that is legally aided. Subsection (10) of new section 194A allows further provision as to the making of orders under section 194A to be made in tribunal procedure rules. Since these are reserved tribunals that operate across the UK, new section 194A extends to the whole of the UK. However, in recognition of the fact that there are circumstances where a reserved tribunal could adjudicate on devolved law, and in order to avoid trespassing upon devolved competence, the power does not include proceedings within devolved competence. Subsection (12) of new section 194A defines that proceedings are "within devolved competence" if provision regarding the procedure to be followed in those proceedings could be made by an Act of any of the devolved assemblies. Subsection (13) of new section 194A allows the Lord Chancellor by regulations to amend subsection (11) so as to add a tribunal to the list of tribunals in which the orders are available. Subsection (14) of new section 194A contains defined terms. Subsection (15) of new section 194A provides that an order under section 194A cannot be made in respect of representation that was provided before section 48 of this Act came into force.
359. Subsection (3) of section 48 adds new section 194B to the 2007 Act. New section 194B makes pro bono costs orders available in leap-frog appeals directly from the Upper Tribunal to the Supreme Court and also in appeals to the Supreme Court from appeal courts in Northern Ireland. It does not make such orders available in appeals from the Court of Session in Scotland to the Supreme Court because the Scottish Parliament would have competence to do so. In contrast, the Northern Ireland Assembly would not have competence to provide so in appeals from the Northern Ireland appeal courts. Given that existing section 194 concerning civil appeals to the Supreme Court extends to England and Wales only but new section 194B, concerning the additional civil appeals described above, extends more widely (i.e. also to Northern Ireland), section 194B re-makes the previous section 194 provision to the extent that it relates to all civil appeals to the Supreme Court. This accounts for the additional civil appeals to the Supreme Court and ensures that all civil appeals to the Supreme Court are contained in a single provision with the appropriate overall territorial extent.
360. Subsections (1) to (6) of new section 194B make the pro bono orders available. Subsections (7) to (9) of new section 194B provide that the Court cannot make a pro bono costs order against a party that is represented by a legal representative free of charge or against a party that is legally aided. Subsection (10) of new section 194B allows further provision as to the making of orders under section 194B to be made in Supreme Court Rules. Subsection (11) of new section 194B contains defined terms. Subsection (12) of new section 194B provides that an order under section 194B cannot be made in respect of representation that was provided before section 48 of this Act came into force.
361. Subsection (4) of section 48 adds new section 194C to the 2007 Act. Subsections (1) to (3) of new section 194C allow the Lord Chancellor to prescribe a registered charity for the purposes of existing section 194 of the 2007 Act as well as new sections 194A and 194B of that Act. Since the Access to Justice Foundation is currently authorised to act across the UK, subsections (4)(a) and (b) of new section 194C allow that same charity to continue acting as the "prescribed charity" in relation to current section 194, as well as to be the "prescribed charity" for the purposes of new sections 194A and 194B. However, subsection (4)(c) of new section 194C allows for the possibility of prescribing a different UK-wide charity in the future, to cover for any eventuality in which that could conceivably become necessary.
362. Subsection (5) of section 48 widens the extent of the 2007 Act to the whole of the United Kingdom insofar as that Act applies to new sections 194A and 194B.
363. Subsection (1) of section 48 makes amendments to section 194 of the 2007 Act consequential upon new sections 194A, 194B and 194C. Subsections (6) and (7) of section 48 make amendments to the Enterprise Act 2002 and the Consumer Rights Act 2015 in relation to tribunal procedure rules consequential upon new section 194A.