Author Topic: Received a Single Justice Procedure  (Read 1550 times)

0 Members and 64 Guests are viewing this topic.

Re: Received a Single Justice Procedure
« Reply #15 on: »
I don't have a 'mitigating circumstances section' And on the last page the form says that the offences are 'laid in the alternative'. It says that 'this means if you choose to plead 'Guilty' to one offence and 'Not guilty' to the other the magistrates will only adjudicate on the offence to which you have pleaded 'Guilty' and the offence you pleaded 'Not guilty' to will be withdrawn.'

I'm assuming this means I can just plead not guilty to the first charge of withholding the identity of the driver but guilty to the speeding charge?

Also, you guys are brilliant, thank you I really was at a complete loss.

Re: Received a Single Justice Procedure
« Reply #16 on: »
Quote
I'm assuming this means I can just plead not guilty to the first charge of withholding the identity of the driver but guilty to the speeding charge?
Yes, that's the way to go.

Unfortunately different areas adopt different procedures, which makes it difficult to give consistent advice.

To be honest, the method you have been offered is far more sensible in most cases. The problem is, if you are not specifically told the offences are "in the alternative" and you plead guilty to speeding (which would not succeed without a guilty plea), there is a danger (admittedly a small one) that the court will then continue with the other charge and you do not have much by way of a defence to it. That's the reason why we usually make the recommendation as I did.

But not to worry - the method you have been offered seems fine.
« Last Edit: October 20, 2024, 10:41:20 am by NewJudge »

Re: Received a Single Justice Procedure
« Reply #17 on: »
Quote
I'm assuming this means I can just plead not guilty to the first charge of withholding the identity of the driver but guilty to the speeding charge?
Yes, that's the way to go.

Unfortunately different areas adopt different procedures, which makes it difficult to give consistent advice.

To be honest, the method you have been offered is far more sensible in most cases. The problem is, if you are not specifically told the offences are "in the alternative" and you plead guilty to speeding (which would not succeed without a guilty plea), there is a danger (admittedly a small one) that the court will then continue with the other charge and you do not have much by way of a defence to it. That's the reason why we usually make the recommendation as I did.

But not to worry - the method you have been offered seems fine.

Thank you so much for taking the time to confirm and for all of the advice :)

I'll be sure to fill in the form and send it off tomorrow. The whole thing blindsided me so badly that it took me almost a week to actually read the whole form, not helpful but at least I had the time. I'm assuming you guys have dealt with enough of these that an update won't be necessary, if anyone is curious in a few weeks I'll be happy to get back to you.

Lovely forum, you all helped more than you realise. Thank you xx

Re: Received a Single Justice Procedure
« Reply #18 on: »
The good people on this site who give up their time to advise others will almost certainly appreciate an update as it confirms the advice is still correct or needs updating.