Author Topic: Summons to Court. Reason Case management hearing?  (Read 842 times)

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Summons to Court. Reason Case management hearing?
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Hello, I have recived a summons to court for a

"case management hearing to discuss and identify issues in the case and then fix a trial date"

I have already pleaded guilty to the speeding offence using the online system and selected the option to appear at Court as I'm most likely going to recive a driving ban.

I am wondering what a case management hearing involves and what "issues" they could be referring to?

Is there a chance a sentence can be passed at the hearing?

The only other factor is the letter from my employer i said I would bring with me to Court stating I'd lose my job upon being banned.


Any insight or advice is appreciated.

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Re: Summons to Court. Reason Case management hearing?
« Reply #1 on: »
The fact that they are proposing to list a trial date after you have already pled guilty, suggests either that you have included some mitigation that constitutes a defence, or that the court staff are a waste of space.

You know far more about the circumstances of the case and what information you provided than we do. The court presumably knows far more about the reasons for the pre trial hearing than we or you do. Perhaps asking the court would be more illuminating than asking us?
I am responsible for the accuracy of the information I post, not your ability to comprehend it.
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Re: Summons to Court. Reason Case management hearing?
« Reply #2 on: »
A case management hearing is held when a not guilty plea has been entered and a trial is necessary.

Since you have pleaded guilty no CM hearing should be necessary. However, if you do face a ban you will be required to attend court. The court may have sent you the wrong template letter so you need to contact them to find out whether that is the case or there is another reason, perhaps the one Andy suggests.
« Last Edit: April 16, 2025, 10:48:29 pm by NewJudge »

Re: Summons to Court. Reason Case management hearing?
« Reply #3 on: »
The fact that they are proposing to list a trial date after you have already pled guilty, suggests either that you have included some mitigation that constitutes a defence, or that the court staff are a waste of space.

You know far more about the circumstances of the case and what information you provided than we do. The court presumably knows far more about the reasons for the pre trial hearing than we or you do. Perhaps asking the court would be more illuminating than asking us?

Unfortunately not, i did ring the number provided on the summons but the person I spoke to was not able to clarify the reason, he did provide me with the e-mail address to forward my letter to the Courts but that was it.

I basically held my hands up and didn't offer much in the way of mitigation on my statement either.

I'm there on the 24th so will find out soon enough.

It was mainly about the sentencing aspect and if i could drive there or better to take the bus.

Also I've never been to court before should i be wearing a suit? It is at the Magistrates Court.

Re: Summons to Court. Reason Case management hearing?
« Reply #4 on: »
Without knowing the details or the circumstances or what you gave as mitigation it is hard to judge but it sounds as if either your plea was non-equivocal or the letter you have been sent is simply the wrong pro-forma.

Go along to the court on the day and ask the prosecutor before the hearing, they will happily tell you.  Then, based on what you say, if there are no unexpected circumstances, plead guilty when asked by the Clerk in order to get maximum discount.

If you face a disqualification (I assume you are a totter rather than expecting a ban for the offence itself) then definitely don't expect to drive home.

As for clothing, it won't make a jot of difference, these things are essentially procedural.

Re: Summons to Court. Reason Case management hearing?
« Reply #5 on: »
I basically held my hands up and didn't offer much in the way of mitigation on my statement either

Only a shot in the dark but could your 'mitigation' have been interpreted as equivocal ?

Re: Summons to Court. Reason Case management hearing?
« Reply #6 on: »
I'm most likely going to receive a driving ban.
Is this a totting ban or a ban due to grossly excessive speed? Some details would help. If the former, then have you started to consider an "exceptional hardship" case to avoid it?

Re: Summons to Court. Reason Case management hearing?
« Reply #7 on: »
I made a straight forward, statement saying there's no excuse for what I've done and how remorseful I am about the offence.

The offence in question is 61mph on a 30mph road. 0 points on license I've held for 20 years.


I will look into the "exceptional hardship" but I'm not confident it will help.

Thank you for the replies.

Re: Summons to Court. Reason Case management hearing?
« Reply #8 on: »
Quote
I will look into the "exceptional hardship" but I'm not confident it will help.

No it won’t because it is not available to you.

Whilst you can explain the difficulties a ban would present, formal “Exceptional Hardship” arguments can only be made when the driver faces a “totting up” ban (12 points within 3 years). Since six points is the maximum number that can be imposed you are not in that position.

The sentencing guidelines for 61 in a 30mph limit suggest either a ban of up to 56 days or six points. That band of seriousness begins at 51mph, so you are well into ban territory.

Too late now, but your better option would have been to have chosen not to attend court and have the case heard (in the first instance) under the “Single Justice” (SJ) procedure. You cannot attend an SJ hearing but the single magistrate dealing with your case would not have disqualified you in your absence. If a ban (rather than six points) was to be considered your case would have been listed in the normal Magistrates’’ Court and you would be asked to attend. That is the situation you are now in but you have lost the “first bite of the cherry” where the SJ may have dealt with you by way of six points.

None of this explains why you have been invited to a “case management” hearing as, from what you say, there is no need for one. You should simply be attending for sentencing. It is my guess that you have simply been sent the wrong template letter.
« Last Edit: April 17, 2025, 12:39:28 pm by NewJudge »

Re: Summons to Court. Reason Case management hearing?
« Reply #9 on: »

The offence in question is 61mph on a 30mph road.


Ah, you didn't mention that, it explains why you have been called to court.

At 61mph in a 30 limit you are definitely into disqualification territory. 

You need to consider any aggravating factors which might push it towards the 56 days end when working out what to expect.

You will also get the usual financial penalty of Fine calculated as 150% of relevant weekly earnings plus 40% victim surcharge plus costs of about £85.