Author Topic: SJPN to be received  (Read 1854 times)

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Sandy217

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SJPN to be received
« on: June 09, 2024, 05:32:21 pm »
Hi, I obtained a conditional offer 3 points 100 fine for speeding. It was on the a20 sidcup and I considered appealing.

I choose not to appeal and accepted the 3 points and paid £100.

I returned the letter the next day. I believe it was within 28 days (possibly sent on 27th day as I was intending to appeal / obtaining evidence re signage not sufficient).

I received the form I completed with my licence details from hmcts to say it has been returned to me as it was not within the prescribed time and will receive a summons in due course.

Iím very stressed about this and worried as my job requires a clean DBS and no criminal convictions.

Am I correct receiving a conviction would result in a criminal conviction?

I really need some help.

Thank you for reading.

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Southpaw82

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Re: SJPN to be received
« Reply #1 on: June 09, 2024, 05:36:05 pm »
It would be a conviction for a criminal offence but speeding is not a recordable offence, so it ought not to show up on a DBS. In any case, Iím aware of very few jobs that will brook no convictions whatsoever.

Sandy217

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Re: SJPN to be received
« Reply #2 on: June 09, 2024, 05:49:16 pm »
Thanks for the reply.

Unfortunately, my regulators are very strict and a criminal offence will be frowned upon.

;(

Sandy217

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Re: SJPN to be received
« Reply #3 on: June 09, 2024, 06:18:08 pm »
Is there any defence I could use? Do the magistrates have any discretion so that I can obtain a fixed penalty and not a criminal conviction?

FuzzyDuck

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Re: SJPN to be received
« Reply #4 on: June 09, 2024, 06:24:06 pm »
Do the magistrates have any discretion so that I can obtain a fixed penalty and not a criminal conviction?

Being found guilty or pleading guilty results in a criminal conviction.

Southpaw82

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Re: SJPN to be received
« Reply #5 on: June 09, 2024, 06:26:22 pm »
Thanks for the reply.

Unfortunately, my regulators are very strict and a criminal offence will be frowned upon.

;(

Which regulator is it? None Iíve ever seen care about a speeding conviction.

Sandy217

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Re: SJPN to be received
« Reply #6 on: June 09, 2024, 06:27:28 pm »
Itís the SRA - I work in law.

NewJudge

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Re: SJPN to be received
« Reply #7 on: June 09, 2024, 06:27:37 pm »
Quote
Is there any defence I could use? Do the magistrates have any discretion so that I can obtain a fixed penalty and not a criminal conviction?

They san sentence you at a level equivalent to the fixed penalty but it remains a criminal conviction.

You may do well to enquire precisely what your regulators "frown on". You may find your fears are unfounded.

NewJudge

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Re: SJPN to be received
« Reply #8 on: June 09, 2024, 06:29:10 pm »
Quote
Is there any defence I could use? Do the magistrates have any discretion so that I can obtain a fixed penalty and not a criminal conviction?

They can sentence you at a level equivalent to the fixed penalty but it remains a criminal conviction.

You may do well to enquire precisely what your regulators "frown on". You may find your fears are unfounded.

Sandy217

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Re: SJPN to be received
« Reply #9 on: June 09, 2024, 06:32:50 pm »
Thanks, itís also worrying as well as embarrassing having to disclose a criminal conviction to my employers.

I was hoping the police made an error with their dates and I could use this as a defence. (I received an extension over the phone to provide my defence and hoping that they overlooked this).

Southpaw82

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Re: SJPN to be received
« Reply #10 on: June 09, 2024, 06:41:38 pm »
Itís the SRA - I work in law.

So do I, albeit Iím not regulated by the SRA. Para 7.6 of the Code for Individuals says:

You notify the SRA promptly if:
you are subject to any criminal charge, conviction or caution, subject to the Rehabilitation of Offenders Act 1974;


The SRA wonít care (unless you donít report it, when they very much will). If youíre a solicitor you should know this.

Sandy217

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Re: SJPN to be received
« Reply #11 on: June 09, 2024, 06:46:53 pm »
Thanks, is there a reason why you think the SRA wonít care?
Re promptly, I think I will self report upon receiving the SJPN

Southpaw82

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Re: SJPN to be received
« Reply #12 on: June 09, 2024, 06:51:47 pm »
Have a read of this. Whilst a conviction for speeding is (on a reach) a breach of Principle 1, the SRA is not investigating and referring thousands of solicitors to the SDT for speeding.

Sandy217

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Re: SJPN to be received
« Reply #13 on: June 09, 2024, 07:09:17 pm »
Thanks, that was very kind of you

Sandy217

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Re: SJPN to be received
« Reply #14 on: June 11, 2024, 03:14:49 pm »
Update:
Contacted the police who confirmed receipt of driving licence detailsÖ

I will be receiving a new conditional offer which will allow me to return to the fixed penalty stage.
Will also make payment of £100 as previous amount was refunded.
I am very close to 6 month period - though not sure whether the previous letter received last week informing me proceedings were being issued as I failed to provide driving licence within specified period would be valid and classed as proceedings commencing. Any ideas?

Although, Iím telling myself I should just be pleased I will not to obtain a conviction and stop looking for loopholes!