Key Facts

• The discussion pertains to Clause 3 of the Judicial Review and Courts Bill.
• The clause deals with automatic online conviction and penalty for certain summary offences.
• The number of Crown court cases decreased from 152,791 in 2010 to 107,913 in 2019.
• Cases took an average of 391 days to complete in 2010 and 511 days in 2019.
• Clause 3 will create an automatic online conviction procedure for non-imprisonable summary offences involving travelling without a ticket or fishing with an unlicensed rod.
• Secondary legislation may add additional offences eligible under the clause.
• Transform Justice raised concerns about online pleading potentially leading to more unrepresented defendants.
• The single justice procedure notice encourages online pleading over postal options, describing it as 'quick and easy'.
• Transform Justice’s research found that unrepresented defendants were often disadvantaged when entering pleas.
• Paragraph 59 of the Bill's impact assessment suggests that legal advice will be available only for more serious offences.
• The AOCSSP is described as being closed off with no human oversight or public access.
• The AOCSSP is criticized for potentially allowing offenders to escape notice.
• Two-thirds of defendants do not respond to postal charges indicating significant barriers to engagement.
• Constituents can miss crucial letters due to address changes, leading to legal and financial consequences.
• Postal charge system raises concerns about equality impact assessment recognising issues faced by vulnerable individuals.
• The MP is concerned about why few people respond to postal charges in court processes.
• The Ministry of Justice is working with multiple government departments to consider neurodiversity training for frontline staff.
• Under current law, defendants sanctioned with a fine are asked to state their means during normal court hearings or under the single justice procedure.
• Amendment would mandate the Secretary of State to commission an independent review of the AOCSSP.
• The procedure marks a significant shift in handling criminal cases through an online system.
• Future offences may be introduced via secondary legislation, limiting scrutiny.
• Government consultation on transforming the justice system took place from September to November 2016.
• The automatic online conviction procedure will not be used if a person does not receive notification.
• Individuals must opt in for the automatic procedure and can make a statutory declaration to restart proceedings if they were unaware of charges or convictions.
• Amendment 46 mandates the Secretary of State to publish assessments regarding the impact on individuals with protected characteristics.
• Amendment 47 requires guidance for prosecutors to provide information in an accessible way.
• Amendment 57 demands a health assessment for accused persons before they can be convicted online.
• Amendment 50 includes clear documentation explaining consequences and directing accused to legal advice.
• Amendment 46 mandates the Secretary of State to publish assessments on the impact of clause 3 on individuals with protected characteristics and vulnerabilities.
• The Government’s equality impact assessment only discusses issues relating to income levels, ignoring potential disproportionate impacts on women and ethnic minorities.
• APPEAL’s Women Justice Initiative notes that women are disproportionately impacted by TV licence evasion prosecutions.
• The Bill's new process may represent a significant shift in the justice system by increasing technology use.
• Vulnerable individuals might be placed at a disadvantage due to lack of understanding and oversight.
• Amendment 47 would mandate Secretary of State guidance for prosecutors on how defendants should understand information provided.
• Amendments 50 and 57 aim to ensure vulnerable individuals can engage with the new process by including further information about consequences and conducting health assessments.
• The Bill does not require legal advice or representation for summary non-imprisonable offences.
• The Government intends for online pleas to be entered via the common platform.
• The senior presiding judge has told HMCTS to halt the roll-out of the common platform until it is stable for at least three weeks.
• Prosecutors will assess case suitability before offering the automatic online procedure.
• Support channels include web chat, telephone assistance, and face-to-face support.
• Defendants have the choice to opt-in or out of the new procedure.
• The new procedure is designed for summary-only, non-imprisonable offences.
• Defendants are advised of their right to obtain legal advice and can request a full trial at any time during the process.
• Amendments proposing additional detail in primary legislation are unnecessary according to the Minister.
• Amendment 49 would exclude any offences which are recordable from the automatic online conviction option.
• Examples of recordable offences include failing to provide for the safety of children at entertainments and exposing children under 12 to the risk of burning.
• The Government intends to initially trial three non-recordable offences: failure to produce a ticket for travel on a train, tram, or fishing with an unlicensed rod and line.
• The clause aims to expedite the handling of summary offences.
• Summary offences include non-payment of train or tram tickets, possession of unlicensed fishing rods/lines.
• The provision allows for automatic online conviction without a physical court appearance.
• Concerns raised about potential impact on older constituents and open justice.
• The concern that future Conservative Ministers may abuse powers given by the Bill.
• Vulnerable people might not receive necessary support or even be identified if they use the proposed online court system.
• No specific dates or timelines are mentioned.
• Amendment 51 would raise the age of eligibility for written guilty plea procedures from 16 to 18.
• Section 12 procedure has been available since 1957 for defendants aged 16 and over.
• Currently, prosecutors can offer this option for cases where a defendant is charged in person at a police station.
• Safeguards include notifying parents or guardians when children are arrested and held in police detention.
• Review to be conducted on the effectiveness of the Single Justice Procedure.
• The review must consider transparency, prosecution errors, redress for victims, suitability for Covid-19 offences, reasons for non-response by defendants, suitability for individuals with disabilities or neurodivergent conditions, and training needs for vulnerabilities.
• Report to be laid before Parliament.
• In 2020, SJP prosecutions accounted for 47% of all criminal prosecutions in England and Wales.
• The error rate in the SJP was around 10% in the last year.
• 71% of those who receive a SJP notice letter do not respond, rising to almost 90% for offences prosecuted under coronavirus legislation.
• The single justice procedure is designed for straightforward, uncontested cases resulting in financial penalties.
• Clause 5 allows corporations to be prosecuted under the SJP.
• HMCTS has developed a clearer single justice procedure notice and information pack.
• A list of pending SJP cases is published daily online.
• Amendment 56 would require a pilot study before changes are introduced.
• The pilot will be conducted in two police force areas.
• Evaluation will focus on proportion of defendants with disabilities affected by the changes.
• Clause 6 allows defendants aged 18 or over charged with either-way offences to indicate their plea in writing.
• Decisions can have significant consequences, potentially leading to harsher sentences if the defendant chooses to proceed to the Crown court.
• Fair Trials and the Bar Council raise concerns about the fairness of written procedures for vulnerable defendants lacking legal assistance.
• Amendment 52 suggests a health assessment for defendants opting for remote procedures.
• Amendment 56 proposes piloting online pleas in two areas before wider roll-out.
• Amendment 53 requires legal representation for written pleas.
• Amendment 54 mandates informing accused persons about the practical consequences of pleading guilty.
• Amendment 55 requires prosecutors to obtain proof of receipt of information relating to written pleas.
• Amendment 53 would require defendants to have legal representation when indicating a plea.
• Justice organisation's 2016 consultation response highlighted the importance of informal assistance in courts.
• The Government clarified that defendants must instruct a legal representative through the common platform.
• Amendment 54 aims to ensure accused persons are informed about the practical consequences of pleading guilty.
• Less than one-third of defendants respond to single justice procedure charges.
• Prosecutors should obtain proof of receipt for written pleas sent to defendants.
• Amendment 53 would require courts to be satisfied that defendants have engaged legal representation before inviting them to indicate a plea online.
• The government emphasizes existing safeguards such as the requirement for legal representation and secure information delivery by courts.
• The Criminal Procedure Rule Committee is responsible for making detailed rules of procedure for criminal courts.
• Clause 7 provides defendants with an opportunity to elect for a jury trial at Crown court before the allocation decision procedure.
• The amendment aims to improve efficiency by avoiding unnecessary deliberation when a defendant intends to opt for a jury trial.
• Sir Brian Leveson highlighted inefficiencies in the current sequence of the allocation procedure.