
24
Apr 2019
What is a single justice procedure form, and what should I do if I receive one?
A Single Justice Procedure Form is a document that is sent out to you which sets out the motoring allegation against you and the evidence that a prosecutor such as the Police intends to rely on.
The Form’s main purpose is to ask you what “plea” you wish to enter in relation to the allegation against you. The deadline for doing so is quite tight. The Form will contain what is known as a posting date, and you must respond to the Form within 21 days of this date. It is therefore vital that you take legal advice on your plea at the earliest opportunity.
The Form will give you three options, which are to plead Not Guilty, to plead Guilty and not attend Court, or to plead Guilty and attend Court.
It is only for the least serious offences that the Court will accept a Guilty plea and a statement that you do not wish to attend Court.
If you intend to plead Not Guilty, we would strongly advise you that you need legal representation to attend Court with you. You may also need legal representation where the motoring allegation is more serious and you face a higher number of penalty points, or even disqualification.
For example, we have extensive experience of attending Court with those who have totted 12 points where we argue, on behalf of our clients, that they should not receive a 6 month disqualification due to the exceptional hardship this would cause.
We also have experience of attending Court where the client has not totted 12 points but have committed a speeding offence at quite a high level and are facing a driving ban or a high number of points as a result.
The Single Justice Procedure Form is also sent out with what is known as a “Means Form”, and we can assist you in completing and returning this Form. This will be the Form that the Court uses when determining the fine that should be given.
Single Justice Procedure Forms are complex and we would advise you to take legal advice at an early stage. We are happy to offer a free 30 minute consultation to discuss the Form you have received and to send the Form back to Court for you.
For further information, contact us on 01484 468331.
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