sec.114Registry committal by clerk of court

### sec.114 Registry committal by clerk of court 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— the indictable offence is not to be heard and decided summarily; 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; the written statements have been filed in the court and copies given to the defendant by the prosecution; the defendant, if an individual— is not in custody, and is not in breach of any condition of the undertaking on which the defendant was granted bail; or is remanded in custody for the indictable offence; the defendant is represented by a lawyer; 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— 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 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 stating whether the defendant wishes to be committed for trial, or to be committed for sentence; 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; 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. 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. 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. A document required to be served under subsection (1) (h) may be served electronically. An order under subsection (1) has effect as if it were an order of justices. For subsection (1) — 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 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. s 114 prev s 114 amd 1922 13 Geo 5 No. 2 s 6 sub 1964 No. 32 s 46 om 1980 No. 35 s 4 (1) sch 1 pres s 114 ins 2010 No. 26 s 89 amd 2017 No. 6 s 56 (sec.114-ssec.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— the indictable offence is not to be heard and decided summarily; 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; the written statements have been filed in the court and copies given to the defendant by the prosecution; the defendant, if an individual— is not in custody, and is not in breach of any condition of the undertaking on which the defendant was granted bail; or is remanded in custody for the indictable offence; the defendant is represented by a lawyer; 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— 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 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 stating whether the defendant wishes to be committed for trial, or to be committed for sentence; 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; 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. (sec.114-ssec.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. (sec.114-ssec.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. (sec.114-ssec.4) A document required to be served under subsection (1) (h) may be served electronically. (sec.114-ssec.5) An order under subsection (1) has effect as if it were an order of justices. (sec.114-ssec.6) For subsection (1) — 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 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. - (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; - (d) the defendant, if an individual— (i) is not in custody, and is not in breach of any condition of the undertaking on which the defendant was granted bail; or (ii) is remanded in custody for the indictable offence; - (i) is not in custody, and is not in breach of any condition of the undertaking on which the defendant was granted bail; or - (ii) is remanded in custody for the indictable offence; - (e) the defendant is represented by a lawyer; - (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; - (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. - (i) is not in custody, and is not in breach of any condition of the undertaking on which the defendant was granted bail; or - (ii) is remanded in custody for the indictable offence; - (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; - (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.