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bignosemac
On 28th October 2020 I was caught doing 47mph on a 40mph road by a fixed camera. I duly received and returned the NIP.

I was eligible for, and indicated I would like to attend a Speed Awareness Course, but at the time the offer came through I was unable to afford the cost of the course (had lost over half my benefits income following a PIP review). I also didn't have a suitable device to be able to complete the course remotely, as was being offered during lockdown. There was no option to pay in installments, or attend on person, so I decided to wait for the summons to court, knowing the court would take my income into account when fining me, and knowing the court would allow installment payments.

I received a Single Justice Procedure notice on 7th April 2021, which I returned within the 21 days allowed. I indicated I would plead guilty, but I also requested a hearing in person. That request was ignored and a hearing was held in my absence on 20th May 2021. Details of which I received in the post yesterday, 24th May 2021. Pretty standard fine, victim surcharge and costs totalling £119. Along with a 3 point licence endorsement.

I neither dispute my guilt or the punishment, but I'm wondering whether it was in time. The offence was committed on 28th October 2020. The penalties were imposed on 20th May 2021, nearly 7 months later. Was the prosecution out of time as per section 127 of the Magistrates Court Act 1980?
The Rookie
No, proceedings have to start within 6 months not end within six months, they started sometime before 7th April and were in time.
bignosemac
QUOTE (The Rookie @ Tue, 25 May 2021 - 18:36) *
No, proceedings have to start within 6 months not end within six months, they started sometime before 7th April and were in time.


Thanks for confirming that. I suspected as much.

I have another question. I requested a court appearance in my SJP notice. But the case was held in my absence. Can I make a Stat Dec for set aside as I wasn't given an opportunity to appear?
The Rookie
No, you point this out to the court and request they reopen proceedings under s142 of the magistrates court act, which gives them broad discretion to right such wrongs.

Just for clarity, what do you hope to achieve? Logically it’s to request sentencing at the fixed penalty level as one would normally be offered for that offence and you were denied one for reasons unrelated to the offence?
NewJudge
You are unlikely to reduce the sum imposed to below £119.

The minimum guideline fine is half a week's net income, with a default weekly income of £120pw used when the defendant has limited or no income. This means a minimum fine of £40 (half a week's net income less 50% for a guilty plea). Add to this £85 costs and a minimum Victim Surcharge of £34 means a minimum of £159 would normally be imposed. So you've been let off lightly because the court has probably reduced the costs requested to £45.

The best you could hope for would be for the court to agree to sentencing you at the FP level. They have no obligation to do so (it is entirely at their discretion) and the reason that an out of court disposal was not taken up was entirely of your own making. If you ask for the matter to be reopened you run the risk of paying at least £40 more.
Gerfc1
Do you really want to ask them to open a case to save you £19?

If I was you I would just pay £119 and move on, rather than doing the hassle with no guarantee that £19 would be saved.
notmeatloaf
It sounds like the court has clumsily tried to do you a favour and reduced the costs by avoiding an in person hearing.

You can ask to reopen the case, but as you are unlikely to get a better deal unless you have a hitherto undisclosed defence it might be inadvisable. If you want you can contact the fines officer and ask if you can pay in installments. This can typically extend payments across up to twelve months. However, court fines are seen as a priority debt and such a request should be because you can't pay now rather than because you would prefer to spread the cost.

Sorry if that isn't the answer you want to hear, but ultimately this was always going to end up costing you circa £100.
The Rookie
QUOTE (bignosemac @ Tue, 25 May 2021 - 18:19) *
Pretty standard fine, victim surcharge and costs totalling £119.

I seem to have read this differently to others.

'Standard fine' (whatever that is, as there is no standard fine) PLUS the surcharge and costs of £119 (£34 surcharge and £85 costs), is that what it is or £119 total.
NewJudge
Yes Rookie, I think you could be right. I note the comma: "Pretty standard fine, victim surcharge and costs totalling £119"

Perhaps the OP could advise us and also let us know what he hopes to achieve by having the case reopened (which he will have to explain to the court when making his request).
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