3. Help re how to deal with 'single justice procedure'
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Help re how to deal with 'single justice procedure'
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Hi,

Last year I failed to spot a reduction in speed limit, the camera was 20 yards after the change in limit sign and I realised too late.

I received a letter asking me confirm I was the driver, which I responded to back in October.

I didn't hear anything more until now, when I have received something in the post to say I have been sent a 'single justice procedure' notice.

I've not had anything like this before and am lost, so hoping for help. I categorically did not receive any further letters regarding the speeding, I would have expected to receive a demand for a fine, but nothing.

In the 'charge sheet' section, it says 'offence 1' is exceeding the speed limit. Then there is as 'statement of fact section' which says that I was speeding, confirms that I returned the the admission of being the driver, but then says 'conditional offer - no record of licence details or payment being received by HMCTS'.

I'm assuming that means they are saying I did not pay the associated fine? But in this case I didn't actually receive it, or would have course have paid it.

However I can't see how I can possibly prove I did not receive it, and I did of course commit the speeding, so do I just have to plead guilty and accept whatever they say?

Many thanks.
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Re: Help re how to deal with 'single justice procedure'
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You should respond to the SJPN by pleading guilty.

In the "mitigating circumstances" section explain that you did not receive notice of the fixed penalty offer that was sent and ask the court respectfully if they would consider sentencing you at the fixed penalty level. They have guidance which suggests they should do that in your circumstances:

"Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances."
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Re: Help re how to deal with 'single justice procedure'
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Hi, thanks so much for replying. Happy to take your advice as I'm otherwise lost. Can I just ask please, how will I know if they have accepted the mitigating circumstances? And how long would I expect to wait for a next contact from them? Many thanks.
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Re: Help re how to deal with 'single justice procedure'
« Reply #3 on: »
The Single Justice will either apply whatever weight he considers appropriate to your mitigation and pass sentence, or if he feels that a court ought to hear it first hand, defer to a magistrates' court hearing.

You will know when you either receive the sentence or the summons for a hearing.
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