There is nothing “new” (it’s been running for four or five years) or “secret” about the Single Justice Procedure and Mr Ferdinand was not dealt with under it anyway, so I don’t know why it was mentioned.
Single Justice sessions are held in an office with a single Magistrate (hence the name) sitting with a Legal Advisor dealing with guilty pleas for minor, non-imprisonable offences on “papers” only. There is no prosecutor in attendance, the defendant cannot attend and neither can lawyers or members of the public. Mr Ferdinand was photographed leaving Crawley Magistrates’ Court following his ban and he had attended a normal court hearing. He was facing a ban under the "totting up" procedure so his matter would have been taken out of the SJ process and listed in the normal Magistrates' Court. Important things to note:
Single Justices will not:
- Deal with “Not Guilty” pleas – a defendant pleading Not Guilty has his case listed in the normal Magistrates’ Court.
- Impose a driving disqualification. If the SJ considers a disqualification is to be considered the case is adjourned to a hearing in the normal Magistrates’ Court. The defendant is invited to attend and make representations to the court explaining what effect a disqualification will have on him or put forward an Exceptional Hardship” argument (as did Mr Ferdinand) if he faces a “totting up” ban.
Most importantly, when a defendant receives a “Single Justice Procedure Notice” (the equivalent of the old “summons”) it is made quite clear that he can, whatever his plea, have his matter heard in the normal Magistrates’ Court where he can attend either alone or with representation (or even with a “McKenzie Friend”). The sentencing guidelines, costs etc. are the same whether a defendant is being sentenced by a Single Justice or a normal Magistrates' Court Bench.