Paragraph 5 is misleading. The fine was not £269 – that is the total with surcharge and costs included. An income of £15,391 is £296pw. Half of that is £148 and a third off that for your guilty plea is £99. So with £40 surcharge and £130 costs, it is absolutely spot on for sentencing at the normal level.
You should note that the guidance only suggests that the court should consider sentencing at the FP level, not that it must. It is entirely a judicial decision whether or not to do so. I have to say that I see no reason why they should not, but courts do not like being dictated to. I would alter the tone slightly.
I would also leave out the final paragraph. Magistrates are perfectly aware of the guidelines and of the mechanism used to arrive at a sentence at the FP equivalent.
The process for this is that your request will first be screened by an administrator. Be prepared to meet some resistance to your request. I notice that, helpfully, you have not used the word “appeal”. This is the usual reason for declining o put a request before the court and usually results in a form to appeal in the Crown Court being supplied. Only the court can decide whether or not to re-open your case. It is a judicial decision to be taken by Magistrates, not an administrative one to be taken by a clerk. You must persevere if you meet that resistance.
There will be a hearing firstly to decide whether or not to re-open your case and, if that goes in your favour, another to consider whether or not to set aside the sentence and impose a different one. he court will combine these two hearings, and you will be asked to attend.
You should note that they are separate decisions. If the court decides against reopening your case, that is the end of the matter. If they do decide to reopen, this does not necessarily mean they will reverse the first court’s decision.
