Author Topic: Single Justice Procedure Notice - Time to get to court  (Read 792 times)

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Single Justice Procedure Notice - Time to get to court
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Hi all,

First post, please bear with me.

My mum, who's 73, got a speeding fine in July, she paid it and thought it was done, but evidentially, she didn;t send the details part back. She's had the fine refunded and a few pages of stuff to fill out now.
Can I ask if there is anything in terms of a time limit, like how long they have to either get her to court, or does the process start as soon as the NIP is sent?
Also, she's panicking about filling the forms in, as she doesn't know it all, is it acceptable to put "don't know" or "can't remember"?
Thanks

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Re: Single Justice Procedure Notice - Time to get to court
« Reply #1 on: »
Court proceedings must be instigated within 6 months of the date of offence. This means that the SJPN and Written Charge must be issued by that date. They are generally served a few weeks later, after the get round to collating the initial evidence bundle.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: Single Justice Procedure Notice - Time to get to court
« Reply #2 on: »
Thank you. Looks like she's going to have to go then.

Re: Single Justice Procedure Notice - Time to get to court
« Reply #3 on: »
She will not have to attend court. The SJPN gives her three choices:

1. Plead guilty and do not attend court
2. Plead guilty and attend court
3. Plead not guilty

Her attendance is unlikely to make any significant difference to the outcome so unless she particularly wants to attend she can choose option 1.

She should respond to the SJPN by pleading guilty. In the "mitigation" section she can ask the court to consider sentencing her at the fixed penalty equivalent (£100 and 3 points). Magistrates have guidance to suggest they should consider doing this in some 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.”

Though it was her fault that the matter had to proceed to court, she may encounter  a kindly Single Justice who will cut her some slack. Otherwise she will be sentenced in accordance with the normal sentencing guidelines.

Re: Single Justice Procedure Notice - Time to get to court
« Reply #4 on: »
Did your mum just get the "speeding fine" or did she get a s172 notice to name the driver? If she got that and failed to respond that can carry a fine of up to £1000 and 6 points; with that she may also have had a "speeding ticket". What exactly did she get? It ay be the typicl case where the s172 didn't get sent back, she sees the "speeding ticket", pays that, that gets sent back and she ends up with 2 charges. It usually ends with a plea baragain as we see on here quite often.
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.

Re: Single Justice Procedure Notice - Time to get to court
« Reply #5 on: »
Thank you. Good she doesn't need actually attend. My brothers trying to help her with the forms now, apparently she has to fill out loads of stuff about income and assets etc. Shes retired and doesn't have an income except for her pension
Do you know what the fine levels are?
Thank you

Re: Single Justice Procedure Notice - Time to get to court
« Reply #6 on: »
As far as I know it was a normal speeding fine. Thats what all the paperwork says.

Re: Single Justice Procedure Notice - Time to get to court
« Reply #7 on: »
Do you know what the fine levels are?

They are in bands according to the speed and speed limit - details that you have decided not to trouble us with.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.
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