(1) The clerk of the court at a place may order a defendant to be committed to
be tried or sentenced for an indictable offence, if all of the following
apply—
(a) the indictable offence is not to be heard and decided summarily;
(b) all evidence of witnesses for the prosecution (including the evidence of
any affected child under the Evidence Act 1977, part 2 , division 4A , given
under the requirements of that division) is intended to be given in written
statements;
(c) the written statements have been filed in the court and
copies given to the defendant by the prosecution;
(f) the lawyer has, by written notice, or by email or some other
electronic form of written communication, given a notice to the clerk of the
court—
(i) stating that the defendant does not intend to give evidence or
call any witness in relation to the defendant’s committal for the indictable
offence; and
(ii) acknowledging that the functions of the clerk of the court
for a registry committal do not include considering or deciding whether the
evidence before the clerk of the court is sufficient to put the defendant on
trial for the indictable offence; and
(iii) stating whether the defendant
wishes to be committed for trial, or to be committed for sentence;
(g) the
notice given under paragraph (f) is given to the clerk of the court not later
than the date set by the court or by practice direction;
(h) the defendant
has served on the prosecution a copy of the notice given under paragraph (f)
not later than the day it is given to the clerk of the court.
(2) If the
notice under subsection (1) (f) states that the defendant wishes to be
committed for sentence, the defendant’s lawyer must also have filed with the
clerk of the court a written statement signed by the defendant stating that
the defendant pleads guilty to the offence and that the defendant acknowledges
that the defendant is not obliged to enter any plea and has nothing to hope
from any promise, and nothing to fear from any threat, that may have been held
out to induce the defendant to make any admission or confession of guilt.
(3)
After the defendant is ordered to be committed to be tried or sentenced, there
must not be any examination of any person in relation to the committal of the
defendant for trial or sentence for the indictable offence.
(4) A document
required to be served under subsection (1) (h) may be served electronically.
(5) An order under subsection (1) has effect as if it were an order of
justices.
(6) For subsection (1) —
(a) it is not necessary for the written
statements to have been filed in the court as mentioned in subsection (1) (c)
if the defendant’s lawyer has, in the notice mentioned in subsection (1) (f)
, included a statement consenting to the written statements not being filed;
and
(b) it is not necessary for the written statements to have been given to
the defendant as mentioned in subsection (1) (c) if the defendant’s lawyer
has, in the notice mentioned in subsection (1) (f) , included a statement
consenting to the written statements not being given.
