Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: pharmamans on August 16, 2024, 03:04:13 pm
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Doesn’t have to be. In any case, there’s a time limit to appeal to the Crown Court and that shouldn’t be allowed to expire while the lower court is deciding whether to reopen the case or not.
As well as that, s142 is designed primarily to rectify mistakes. It should not be seen as an avenue of appeal against decisions in the Magistrates' Court.
If the sentencing Bench believed a fine in excess of the guidelines was warranted they would have to have given their reasons for that departure in court at the time of sentencing. Having done that, the sentence would not be a mistake but a properly taken judicial decision. The route to appeal that decision is via the Crown Court, not to seek a revisit by the Magistrates' Court.
The defendant has an unfettered right to appeal to the Crown Court (provided he lodges his appeal within 21 days). Reopening a case under s142 is at the discretion of the court.
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Thank you very much, @NewJudge, for your assistance
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Is there an opportunity to appeal the final fine if it’s excessive?
You can appeal to the Crown Court. However, so long as the fine is within the guidelines I mentioned, any appeal will almost certainly fail. The costs ordered for a failed appeal in the Crown Court I believe are something in the order of £1,200.
Would this not be performed at the Mags under S.142 first?
Doesn’t have to be. In any case, there’s a time limit to appeal to the Crown Court and that shouldn’t be allowed to expire while the lower court is deciding whether to reopen the case or not.
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Is there an opportunity to appeal the final fine if it’s excessive?
You can appeal to the Crown Court. However, so long as the fine is within the guidelines I mentioned, any appeal will almost certainly fail. The costs ordered for a failed appeal in the Crown Court I believe are something in the order of £1,200.
Would this not be performed at the Mags under S.142 first?
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If the court does not sentence you at the fixed penalty rate, then the fine will be related to your income. Your monthly expenses will only be considered if they are exceptionally high for some reason.
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I assume now that the reason for the SJPN is my failure to send my license details, even though this wasn’t mentioned on the notice itself.
Yes. They have no requirement to mention it on the notice.
For clarity, it won’t be mentioned on the SJPNotice, however it would have been clearly laid out on the Conditional OFFER of a Fixed Penalty.
It wasn’t clear to me which of those you meant when you used the word ‘notice’.
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I assume now that the reason for the SJPN is my failure to send my license details, even though this wasn’t mentioned on the notice itself.
Yes. They have no requirement to mention it on the notice.
It seems there’s nothing else I can do to resolve this with a fixed penalty at this point.
No. You could have asked he court to sentence you at the fixed penalty level when you responded to the notice with your guilty plea. You can contact the court to ask if you can make the court aware, before your case is heard, that you were offered a fixed penalty but failed to submit your licence details. I don't know whether that will be possible.
Would my financial situation, like monthly expenses, will be considered when calculating the final fine, or if that won’t affect the decision?
The fine is income related. You should have provided the court with details of your finances (via form MC100) when you responded to the notice.
Is there an opportunity to appeal the final fine if it’s excessive?
You can appeal to the Crown Court. However, so long as the fine is within the guidelines I mentioned, any appeal will almost certainly fail. The costs ordered for a failed appeal in the Crown Court I believe are something in the order of £1,200.
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Thank you very much, @NewJudge, for your response.
I assume now that the reason for the SJPN is my failure to send my license details, even though this wasn’t mentioned on the notice itself.
It seems there’s nothing else I can do to resolve this with a fixed penalty at this point.
Would my financial situation, like monthly expenses, will be considered when calculating the final fine, or if that won’t affect the decision?
Is there an opportunity to appeal the final fine if it’s excessive?
I apologize for all the questions, but I’m completely new to this process and I’m really upset that it’s escalated without a clear explanation.
Thank you again
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The six month time limit dictates when proceedings have to begin. Your SJPN is notification that those proceedings have begun and it was produced comfortably inside the six month limit.
Did you mention, along with your guilty plea, that you had been offered a fixed penalty but failed to comply with its conditions? If not (and possibly even if you had, depending on the Single Justice's view of the matter) you will be sentenced in accordance with the usual guidelines. These suggest a fine of half a week's net income (reduced by a third for your guilty plea), a "victim surcharge" of 40% of that fine, around £90 prosecution costs and three points.
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Hi All,
I had my second speeding ticket on Feb 4th this year, which meant I cant go for the online course.
Received the NIP on Feb 9th, which I responded to immediately by confirming myself as the driver and providing my license details. The offence was driving at 37 Miles on 30 miles road.
I received the offer on Feb 23, and made the payment, however, I don't remember if I sent my license details or not. Mostly i didn't.
On July 22, I received the SJPN, with the offence mentioned is the same speed ticker on Feb 4th. As I didn't understand why I'm being prosecuted, I went online and pleaded guilty.
On Aug 9th, I received a refund to my 100 pounds fine that I paid on Feb 23rd.
My questions now: is my case still going to court? Isn't there a 6 months limit for prosecution? and as the SJPN offence is the speeding ticket on Feb 4th, doesn't this mean it is already past the 6 months limit?
Thanks for the advise.