Rio Ferdinand Banned For Speeding (Yet Again)

[Hymie]

Besides the MET police making up a new offence of ‘Probably driving through a red light’ – this story in the Daily Mail interested me.

Although I have absolutely no sympathy for Ferdinand given his driving record – what was of interest is that according to the Mail – Ferdinand admitted the offence under the new secret Single Justice Procedure Act.

Whilst the new secret Justice Procedure Act may not be so secret anymore (having been published in the Daily Mail) – perhaps New Judge can throw some light on this secret procedure?

https://www.dailymail.co.uk/news/article-8638841/Rio-Ferdinand-banned-driving-six-months-speeding-85mph-new-Mercedes.html

[Buenchico]

From the g
Gov.uk website:
https://www.gov.uk/single-justice-procedure-notices

The relevant legislation:
https://www.legislation.gov.uk/ukpga/2015/2/part/3/crossheading/trial-by-single-justice-on-the-papers

Explanatory notes thereto:
https://tinyurl.com/yxhqqunm

[fiction-factory]

Why have you made reference here to the Inspector Charles Ehikioya case here, Hymie. Are you suggesting there is a race issue here?

[Hymie]

The connection is that these were the two stories in the Daily Mail interested me.

Based on Buenchico’s reply, the procedure act is ‘secret’ because the Daily Mail journalist had not heard of it before.

[fiction-factory]

Seems odd to mention an unrelated case here. Makes it look as if you have an agenda IMO or dilutes the importance of the Rio Ferdinand question

[Hymie]

I was only expressing my interest in the MET police story – there already being a couple of threads on AB on this topic.

[New Judge]

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.

[jourdain2]

I knew I'd heard of Rio Ferdinand. I thought he was F1, but turns out he's a footballer. Well, I read what was in the paper. He seems to give himself airs and assume that his 'celebrity' threatens his children, when he can well afford a chauffeur to drive and, if he is worried, accompany them to school. 'Trying it on' and 'unwarranted sense of entitlement' sprang to mind.

Interesting that the Justice Procedure Act has thrown this up. Otherwise, there doesn't seem to be a question, but interesting anyway and I've learned a lot from the other answers. Thanks.

[douglas9401]

His name is Rio, he don't need to understand.........

[New Judge]

//....but turns out he's a footballer.//

Was a footballer, jourdain, was. Last played in 2015. He's now what is euphemistically called a "pundit" (aka an overpaid waffler). Altogether not a very pleasant character, IMHO.