The Single Justice Procedure (SJP) was first introduced in early 2015 and became progressively more prevalent during COVID when courts were closed. HMCTS has recently published figures for the number of SJP Notices issued between January 1, 2022 and September 30, 2022 and it is a staggering 530,000. It appears this procedure will be more commonly used in the future, with many prosecuting agencies joining the SJP process by the end of 2023.
The SJP begins as a notice received by the accused in the form of a letter stating the charge/charges brought against them and which prosecuting agency has brought the case.
Cases covered by the SJP include: using a television without a licence; failing to show a valid train/bus ticket; failing to ensure a dependent child’s school attendance; driving without valid car insurance/driving licence; exceeding a speed limit; excess vehicle load; and lack of valid vehicle operator’s licence.
The SJP aims to allow Magistrates’ Courts to deal with minor offences in a quicker, more efficient, and less costly way, whilst still being fair. A single magistrate sitting with a legal advisor can decide on adult prosecutions which are summary-only (an offence that is only triable in the Magistrates’ Court), non-imprisonable and victimless. This drastically reduces the need for court appearances and expedites matters by enabling a plea to be added to a case on the same day it is entered.
Process and how to reply?
A response is needed within 21 days from when the SJP Notice was generated and dispatched. A guilty or not guilty plea will need to be entered (with designated areas on the form for mitigation if entering a guilty plea or for specifying the issues taken with the prosecution case if pleading not guilty). Some pleas can be submitted online depending on the prosecuting agency.
There is no requirement for evidence to be served at this stage, however, it is not uncommon for the prosecuting authority to send some limited evidence alongside the SJP Notice. You can ask for evidence before entering a plea or court proceedings.
You have options in choosing whether to attend court if you are to plead guilty but, importantly, the SJP isn’t designed to cater for cases where legal arguments are required (for example a Special Reasons argument for a speeding allegation) and the SJP should refer the matter to a full court hearing should the speed involved in an exceeding a speed limit case provide for a discretionary disqualification from driving being imposed as opposed to only penalty points, or if there is a risk of disqualification under the ‘totting up’ procedure (i.e., obtaining 12 or more points in a three-year period).
Additionally, the SJP is designed to avoid/reduce the need for preliminary hearings before a trial should the matter be contested and indicating a not guilty plea on the SJP Notice is likely to result in you simply being given a date for trial. This makes completing the notice extremely important by stating what the real issues in the case are and which prosecution witnesses are required. Failing to do so could limit your ability to argue certain aspects of your case at trial.
Finally, by failing to reply to a SJP Notice, the Single Justice is likely to determine your case on the papers and, if found guilty and sentenced, there will be no reduction for a guilty plea and the fines would be calculated without sight of your means, meaning it is likely to be higher than it might otherwise be.
Our private criminal defence lawyers are experienced in advising on SJP Notices and are able to provide cost-effective, targeted and expert advice to enable you to make informed decisions as to how to respond should you be unfortunate enough to find yourself in the SJP.
We have an excellent track record of helping clients navigate through the SJP and assist them to achieve the most favourable outcome possible. If you require legal advice or assistance with your response, and if necessary, support during the next steps, our team would be willing to help.
Contact the team at Woodfines Solicitors on 0344 967 2505 or visit www.woodfines.co.uk
