Court Summons

[Butler020]

Hi got caught speeding in Jan 2017. Sent off the NIP. Still nkt heard from the courts ? When should I expect to hear about a court date ?

I was speeding at 103mph....apparently.

Thanks

[Buenchico]

Speeding is a 'summary only' offence, meaning that it can only be dealt with by a magistrates' court, not by a Crown Court.

For such offences 'information must be laid' before a court within 6 months of the offence, otherwise no prosecution can be allowed. So the Crown Prosecution Service have got a couple of months left to issue a summons.

Assuming that you were in a 70mph zone (rather than, say, a 30mph one), expect a fine equal to about one and a half times your weekly take home pay and 6 points on your licence. (A short ban, between 7 and 56 days, could be imposed instead of the points though).

[New Judge]

They have six months from the date of the alleged offence to begin court proceedings. In most areas they take almost all of that and you can expect a summons, postal requisition or Single Justice Procedure Notice a week or two after that. So, up to six and a half months after the alleged offence.

Presumably it was the Section 172 notice (request for driver's details) to which you responded. You don't respond to a NIP - that is simply telling you that a prosecution is under consideration.

[Hymie]

Since Butlers020's speeding offence occurred before the recent increased fines came into effect – if found guilty, the penalties applied will be those in force at the time.
There will be no multiplier applied to a weekly income figure, to determine the fine – but no doubt there will be a victim surcharge added to the bill.

I would still like to know whom the victim is, in such a case.

[New Judge]

“Since Butlers020's speeding offence occurred before the recent increased fines came into effect – if found guilty, the penalties applied will be those in force at the time.”

No they won’t. The new sentencing guidelines applied to offences sentenced on or after 22nd April 2017 regardless of when the offence was committed.

“I would still like to know whom the victim is, in such a case.”

The term used in the enabling legislation is simply a “surcharge”. It has become popularly known as the “victim surcharge” because most of the money raised goes towards funding various victim and witness support groups. So whilst there may not be a victim in the individual case where the charge is imposed, the levy goes to support all victims and witnesses.

There will also be an order to pay a contribution towards prosecution costs. This will be £85 if a guilty plea is entered (providing the court does not find reasons to reduce the sum).

[Hymie]

I stand corrected by NJ – but such treatment of those found guilty seems inherently unfair to me. At the time of committing an offence, the penalty is unknown.

It’s akin to Butler020 finding at the time he appears in court, the speed limit on the section of road has been increased to 110mph; and he could justifiably claim the speed change prospectively and be found not guilty.

[New Judge]

^^^
Apologies above should read "...on or after 24th April".

[New Judge]

It is unusual to make new sentencing guidelines effective from date of sentencing and not of commission of the offence, I agree. But it's not quite the same as saying the law had changed.

If the speed limit had indeed been increased by the time he appeared in court he would still have committed the offence because of the law prevailing at the time. But it is not appropriate to equate legislation and sentencing guidelines.

The (maximum) penalty (£1,000 fine, £2,500 if on a motorway) remains unchanged so the potential penalty remained unchanged. Those penalties would be known at the time of the offence. Had the law changed and (say) the maximum penalty increased to £5,000 that could only be effective from the date of the offence.

[Butler020]

Thanks tilly2. Not the answer I needed really.

If you do not indeed have the correct answer the may I make it clear that I do not wish to hear your reply.

However I do thank you for making me laugh some what.

[Butler020]

One would of hoped for more positive feedback on this site.

Evidently this is not the case.

[Tilly2]

Don't let my negative response put you off.

'I was speeding at 103mph'. .............Wow!

[Butler020]

To be fair Tilly.....my mercedes is a 6.4 v6. It does go some on the open road. I do appreciate your concerns. Thank you.

I was late for a very important meeting.

That aside I just wanted some advice.

Being 23 I sometimes do make mistakes.

[Hymie]

Just to upset Tilly2; although not condoning speeding, on a clear motorway and given the choice, I would prefer to drive at 103mph in my 4.7L Jeep Grand Cherokee than at 70mph in a Ford Anglia (the safer option being illegal).