Key Facts

• Criminal age of responsibility in England and Wales is 10 years old.
• Clause 8 will allow children to provide an online indication of plea for offences that may require a subsequent trial allocation decision.
• Legal representatives must be present for the new online procedure.
• The process aims to reduce travel requirements for children and their parents or guardians.
• Clause 8 enables a child under 18 years to indicate a plea in writing/online without a youth court hearing.
• Paragraph 181 of the explanatory notes states that clause 8 inserts new section 24ZA of the MCA 1980.
• The Bar Council opposes the provisions, arguing they impede access to justice for vulnerable defendants.
• The amendments cover scenarios where a legal representative is present and consents on behalf of the accused.
• Conditions include proof that notice was served within a reasonable time period.
• If no legal representative is present, the court proceeds according to section 18(1) and considers the accused as pleading not guilty.
• The amendments aim to correct errors in the Bill related to triable either-way offences.
• Clause 9 will enable courts to proceed without a defendant for both plea and allocation procedures under certain circumstances.
• Amendment 2 allows magistrates court to continue with the proceedings in cases where the defendant does not appear at the plea before venue hearing.
• Amendment 3 removes the need for legal representation of an accused during allocation hearings if they behave disorderly.
• Amendments 80, 81, 82, and 83 aim to ensure that defendants provide a reason for their non-attendance before court proceedings can continue without them.
• The amendments seek to maintain essential safeguards for the accused's effective participation in legal proceedings.
• Rosindell emphasizes the importance of evidence-based measures that do not compromise defendants' rights.
• The Law Society expressed concern over clause 9's impact on defendants' rights.
• In 2019, magistrates courts sent 32,262 defendants to Crown court for jury trial.
• Clause 9 aims to address deliberate delays and evasion of justice but includes safeguards for unaware defendants.
• Clause 9 aims to prevent victims and witnesses from being disadvantaged by deliberate actions of defendants.
• Safeguards are in place for defendants with legitimate reasons for failing to attend hearings.
• Amendment 58 seeks to provide an additional opportunity for defendants to reopen the allocation process before taking a plea in a summary trial.
• Amendment 84 seeks to remove clause 9(4) which applies adult criteria to children.
• Subsection (4) has been specifically drafted for children with additional safeguards.
• Courts must ensure it is not contrary to the interests of justice to proceed in a child's absence.
• Amendment 85 seeks to ensure full credit for guilty pleas even in absence scenarios.
• The amendment would apply only to children due to its placement in legislation.
• Under current guidelines, defendants who fail to appear may not receive full reductions if there are no legitimate reasons.
• The current law prevents magistrates courts from deciding trial mode without an adult defendant's presence.
• Exceptions exist if the defendant agrees through their representative or due to disorderly conduct in court.
• Clause 9 allows wider circumstances for decisions in defendants' absence, with additional safeguards for children under 18.
• Clause 12 amends section 47 of the Crime and Disorder Act 1998.
• The clause enables decisions to be made outside open court provided certain documents are served on the defendant.
• Youth cases' average time taken to deal with increased from 52 days in April 2020 to 102 days in June 2021.
• Clause 13 ensures that parents or guardians are aware of and informed about written and online court proceedings for children under 16 years old.
• For defendants aged 16 to 17, courts may require parental involvement if deemed appropriate.
• The clause aims to maintain safeguards similar to those in other clauses dealing with children's justice.
• Clause 15 allows for documents to be served electronically or by other means deemed appropriate.
• Schedule 1 amends 14 Acts including the Magistrates’ Courts Act 1980, Road Traffic Offenders Act 1988, and Police and Criminal Evidence Act 1984.
• Clause 16 grants the Lord Chancellor power to amend primary or secondary legislation in relation to criminal procedure provisions.
• Amendments require the Lord Chancellor to have regard to the needs of persons who are digitally excluded.
• New definition of “persons who are digitally excluded” is inserted into the legislation.
• Online Procedural Assistance must be made available and accessible, including advice and technical hardware as appropriate.
• Evaluations by an independent team will occur yearly with data collection on protected characteristics, case outcomes, and appointment frequency and location.
• Lloyds Bank research shows that 16% of the UK population lack basic digital skills.
• The Bill aims to expand the use of online procedures in court processes.
• Amendments aim to introduce further safeguards for 'persons who require online procedural assistance'.
• Clause 27 places a duty on the Lord Chancellor to arrange appropriate and proportionate support for such persons.
• New clause 2 seeks clarification on factors intersecting with digital exclusion, such as age, poverty, disability, and geography.
• HMCTS set up a digital service designed with users to navigate the justice system.
• Paper forms will remain available and be reviewed and simplified.
• Over 300 physical sites offer in-person support for court users.
• HMCTS provides face-to-face, over-the-phone, and remote video support for those needing help with online procedures.
• The MP highlights accessibility issues for vulnerable groups moving to an online system.
• Security concerns about maintaining confidentiality through online means are raised.
• The MP emphasizes the importance of face-to-face engagement in affirming a sense of community.
• The MP cautions against excluding people due to digital limitations.
• The Scottish experience with online systems is mentioned but noted as having its own challenges.
• The MP does not intend to press any amendments to the vote but wants clearer language in the Bill.