29/08/24
What is it?
A Single Justice Procedure Notice (SJPN) is a process by which adult (18+) defendants accused of minor offences are dealt with by a single Magistrate (supported by their legal advisor) under the Single Justice Process (SJP).
The SJPN will tell you who is bringing the case against you. This will be a company or a public authority and not an individual, and the body sending you the notice will have been given permission/ powers to do so. It is most commonly used for cases such as using a television without a licence; driving without car insurance; exceeding a speed limit; failing to ensure a dependent child’s school attendance; etc.
How long do I have to respond?
It is critical that you respond to the SJPN before the deadline 21 days from the date on the notice as the deadline to respond cannot be extended. It does not matter when you received the letter, but rather the date the letter was issued or sent to you.
How do I respond?
The notice will direct you on the most appropriate way to respond and whether you can respond online. Generally, there are 3 options put forward to you:
- Guilty (I do not wish to come to court)
- Guilty (I wish to attend court)
- Not Guilty
If you plead guilty (I do not wish to come to court) then the court takes it as if you have admitted guilt and accept the penalties the court may impose on you. If you plead guilty (I wish to attend court) then you admit to committing the offence but wish for the court to hear your mitigation/ circumstances (i.e. a valid excuse). Finally, if you plead not guilty that means that you contest the accusation and request for a trial date to be set.
A good point to note is that if you plead guilty, your total fine will be reduced by 33%, meaning if you were fined £1000, it will be reduced to £660.
What happens if you do not respond?
If you do not respond, you miss the chance to plead “not guilty” and you are assumed to have pleaded “guilty”. That does not, however, mean that because you intend to plead guilty you should not respond to the SJPN, as responding would give you a chance to explain any mitigation that you might have, which could reduce the penalty.
Should I expect any further letters?
If you pleaded guilty and opted out from attending court then the Magistrate will make a decision and write to you to inform you of the outcome. For the other two options, you will receive a letter providing further details of when you need to go to court.
What sentence will I get?
The single Justice does not have the power to impose a prison sentence. Depending on the facts of the case, a typical SJPN sentence will consist of fines, driving licence penalty points, a contribution towards prosecution costs, and/ or victim surcharges.
Is it a Good System?
Introduced under the Criminal Justice and Courts Act 2015, SJP has had a huge impact on the way summary-only, imprisonable, victimless offences are dealt with by the Magistrates Court, without the need for a formal hearing saving time and court resources. Between 1 April 2019 and 30 September 2023, more than three million cases were received into the Single Justice Service. However, it also has given rise to controversy as many people plead guilty without understanding the possible ramifications (such as a conviction or a hefty fine
Convictions in particular can have an impact on regulated individuals. It has also wrongly been used—in a recent ruling by the Westminster Magistrates’ Court, it found that several of the UK’s railway operators (including Northern Trains Limited and Great Anglian) were wrongfully prosecuting cases of failing to produce a ticket for inspection (Section 5[1] of the Regulation of Railways Act 1889). The Department for Transport alerted the Ministry of Justice that more than 74,000 cases were illegally prosecuted under the SJP in the past few years. The court held that the train operating companies should not have been prosecuting this way, declaring all convictions and sentences imposed under the SJP for these offences as invalid and to be set aside, ordering refunds for all fines/costs paid by Defendants concerning these cases.
Legal Representation
While SJP might have made the court process easier, it has not diluted the severity of the fines or the complexities of the law. Its streamlined nature may also mislead some to not seek legal advice. By understanding your rights, knowing the possible avenues of mitigation available to you, seeking legal representation, and exploring possible defence options, you can mitigate the potential consequence of your sentence.
If you want any advice on this please get in touch.