Single Justice Procedure Notice
In 2015, a major reform was introduced by the Criminal Justice and Courts Act 2015 for dealing with relatively low level, minor, non-imprisonable offences in the Magistrates Courts. This led to the introduction of the Single Justice Procedure Notice or SJP. While for some offences, a summons is still issued, it is worth noting that since its introduction in 2015, over 800,000 Single Justice Procedure Notices (SJP) are issued each year-accounting for almost 70% of the total work done by magistrates.
Background to the Single Justice Procedure
Prior to the introduction of a Single Justice Procedure SJS) in 2015, the prosecutor, (most commonly, TV Licensing or the Driver & Vehicle Licensing Agency (DVLA) would be required to attend a Magistrates Court in person, for a hearing where a decision and a financial penalty would be decided by a bench of one or more magistrates.
Under the Single Justice Procedure, the prosecutor will issue a Single Justice Procedure Notice to the defendant by post explaining the offence. It will be accompanied by the supporting evidence upon which the prosecutor relied upon to prove the case. The defendant can plead guilty via correspondence and and as a consequence, will not be required to attend a court hearing. The following Fact Sheet provides excellent background information.
Offences dealt with under the Single Justice Procedure Service.
As outlined above, the Single Justice Procedure is used for low level, minor, non-imprisonable offences and most commonly used by Transport for London, TV Licensing and the Driver and Vehicle Licensing Agency (DVLA) for the following offences:
Using a Television without a valid license.
Failing a show a valid train ticket while travelling on a train service
Failing to ensure a child’s school attendance
Driving a vehicle in excess of the legal speed limit
Driving a vehicle without insurance
Keeping a vehicle on a public road without valid road fund licence or MOT
Failing to provide the driver identity
Using a mobile phone whilst driving
Excess vehicle load
Lack of a valid vehicle operator’s licence
Failing to respond to the Single Justice Procedure Notice
If you receive a Single Justice Procedure Notice (SJPN), you need to be aware that if you fail to enter a plea and to complete the attached Means Enquiry Form (MC100) by the date given on the notice, the amount of fine set by the Magistrates will usually be significantly higher than it should be. The reason for this is outlined in this page from our website.
Problems with the Single Justice Procedure Notice procedure
Single Justice Procedure Notices are sent via normal post (not recorded or special delivery) and you only have a limited time in which to deal with them.
If, for whatever reason, you do not receive your Single Justice Procedure Notice, or fail to deal with it quickly enough, you could find yourself being found guilty of an offence in your absence and without your knowledge.
I did not receive a Single Justice Procedure Notice.
There can be many reasons why a person (or company) had not received a Single Justice Procedure Notice. The address used by the Prosecutor may have been incorrect, the defendant may have moved address, been overseas, marital breakdown etc. Most concerning would be where an elderly or exceptional vulnerable person had been hospitalised or in a Care or Nursing Home etc. In most cases, the fine and conviction will be revoked and the proceedings reset by the making of a Statutory Declaration (see below).
Making a Statutory Declaration
The proceedings subsequent to the single justice procedure notice are void if—
(a)the accused makes a statutory declaration that the accused did not know of the single justice procedure notice or the proceedings until a date that the accused specifies in the statutory declaration,
(b)that date is a date after a magistrates’ court began to try the written charge,
(c)the declaration is served on the designated officer specified in the single justice procedure notice within 21 days of that date in such manner as Criminal Procedure Rules may prescribe, and
(d)at the same time as serving the declaration, the accused responds to the single justice procedure notice by serving a written notification on that designated officer.
(4)Subsection (3) does not affect the validity of a written charge or a single justice procedure notice.
(5)A magistrates’ court may accept service of a statutory declaration required by subsection (3) after the period described in subsection (3)(c) if, on application by the accused, it appears to the court that it was not reasonable to expect the accused to serve that statutory declaration within that period.
Commentary from Bailiff Advice Online
If you have any queries regarding a Single Justice Procedure Notice that you have received, you can email a question to us using our online Enquiry Form. Alternatively, you can contact our free Bailiff Support Line.