Single Justice Procedure Notice

[sunflower68]

My son has had his second of the above, both for 2 separate speeding fines...filled in 1st and he was charged £700 and 4 points. He is contesting this as he opted for course but filled in wrong payment part. Now this again saying second fine he failed to book the course 

We work together and his mail still comes to my house- I would have passed on all this information to him and helped as he hates forms!! 

He has done all he was meant to do. Now its happened again what should he do as it's going to look like he's lying....so unfair.

 

 

[sunflower68]

Nice bloke he just had letter (SJPN,)he filled it in and plead guilty there was no other choice guilty or not guilty. No letter before however he had filled in fixed penalty on time 

[nicebloke1]

Like I said sunflower its out of my depth to comment especially after your post this morning @11.09  it changed the goal posts and started a whole new ball game, for me to comment now I would no doubt be missleading you. I'm sure Nj will take a look in again maybe at dome point. But all the best

[New Judge]

“First one was 41 in a 30…”

So as I suspected, not 36mph then. 

“…for which he now has 4 points, 417 fine, 90 costs and 167 victim surcharge. Second, pending, 36 in a 30.”

That is near enough spot on according to the sentencing guidelines. These recommend a fine of one week’s net income, reduced by a third for a guilty plea. The Victim Surcharge is set at 40% of the fine.

What he should have done is in the “mitigating circumstances” section of his response to the SJPN is to have asked the court if, in view of the confusion that arose with the course acceptance, they would consider sentencing him at the fixed penalty level (£100 and 3 points). Too late for that now.

“So he he decided to go to court for the first offence?”

I doubt he decided. If he driver does not (properly) accept the out-of-court offers, court is the only remaining option.

“there was no other choice guilty or not guilty.”

There are two choices when pleading guilty – either attend court or do not attend court. But apart from that, what other choice would he be expecting? He faces a criminal charge in a criminal court. His options can only be to plead guilty or not guilty. 

“No letter before…”

What letter was he expecting?

 “…however he had filled in fixed penalty on time”

Then why are the police prosecuing him? Are they saying  that he did not accept their offer or that he did not comply with its requirements (to pay £100 and submit his licence details)?

This time he needs to do what I suggested he should have done in the first case – ask to be sentenced at the fixed penalty level. The court has guidance which suggests they can do this if they think fit. But they will not do it unless they are asked and the circumstances are explained.