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#Post#: 60695--------------------------------------------------
Single Justice Procedure notice issued
DIR By: wdc251023
Date: March 5, 2025, 6:17 am
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Hi All,
I was issued with a Single Justice Procedure notice on
27/02/2025, with a deadline to make a plea by 27/03/2025.
The offence:
Exceed 40 mph speed limit in contravention of a Local Traffic
Order - manned equipment.
The speed recorded was 66 mph, in an area which is described (40
mph and 50 mph), but was obviously 40 mph in this particular
spot. The offence was in December. I can give the exact date if
this is required.
I was the driver, and as such plan on pleading guilty. My
question(s) are around the following;
- In terms of mitigation, I was unable to find a template letter
to adapt. Is there one, or should this be natural/from the
heart, as it were?
- Is the court likely to take my financial situation into
account when considering the fine and overall punishment?
- In light of the above, what is the likely punishment in terms
of fine, potential ban and number of points?
- Would requesting to attend court be deemed as wanting to take
ownership for my actions, or is this more of an annoyance for
the court?
This whole situation is extremely embarrassing for me. Even in
the higher speed limit area, I am still speeding, so I accept
that. The 'national' speed limit does not come into play until
further along the road, so I have no excuse. My request for
mitigation would be around the payment terms, and size of fine.
I am the sole provider for a young family, and unable to make
large payments per month. Is this what is meant by mitigation?
As for why I committed the crime, I have no excuse, nor would I
wish to make one. As mentioned, this is an embarrassing
situation for me, and I would like to face the consequences as
an example to my family. I made a mistake and will accept the
punishment. The reason for looking at writing a letter, is to
minimize this, and explain lessons have been learned and will
continue to be learned (e.g. the impact of increased insurance
costs next year as a result) without the burden of a hefty fine
on top, which may have to be paid in one instalment.
I would be extremely grateful for any advice on what to include
in my letter, whether it is correct to bring up the topic of
finances, whether I should adapt a template letter (and where to
find this), or I should just write what feels 'right'.
Furthermore, if there is any rough guideline on what the
punishment is likely to be, that would be greatly appreciated (0
points currently). I can see from the internet that the range is
quite broad for 66 in a 40 zone:
Fine - Up to £1,000 (automatic 33% reduction if pleading guilty)
Points - 4-6
Fine - 7-56 day ban
This is quite hard to infer. In the worst case, I am looking at
a fine of £770, 6 points and a 56 day ban. Is it likely to be
this strong? I wouldn't wish to speculate, but I would assume
the following:
- The fine will at least be double the fixed penalty of £100 (so
£200 minimum)
- The points applied could only be 4
- I get the sense from research that the ban is discretionary,
so could potentially be waived
Again, perhaps the above is wishful thinking, I am just trying
to plan for all scenarios. As mentioned, I would certainly need
a payment plan - is this something the court typically
accommodates?
Thank you in advance for any help, advice or opinion and
apologies if I have not provided enough/provided too much
information. This is all very new, and quite worrying, for me.
#Post#: 60704--------------------------------------------------
Re: Single Justice Procedure notice issued
DIR By: jfollows
Date: March 5, 2025, 7:05 am
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Disqualification or points, not both.
#Post#: 60705--------------------------------------------------
Re: Single Justice Procedure notice issued
DIR By: NewJudge
Date: March 5, 2025, 7:25 am
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You have the sentencing guidelines wrong.
The suggested sentence for 66 in a 40mph limit is a ban of up to
56 days or six points, together with a fine of 1.5 weeks net
income. This will be reduced by a third for a guilty plea, so
one week’s net income. You will also pay a “victim surcharge”
of 40% of the fine and prosecution costs of round £90.
Work out what that means to you and when you respond to the SJPN
make an offer to pay weekly or monthly at a rate you can afford.
As above, it is points or a ban, not both. The greater
likelihood is six points rather than a ban. Your case is being
heard by a “Single Justice” (SJ). That is a single Magistrate
sitting in an office with a legal advisor, dealing with matters
“on papers” only. If a ban is to be considered, the SJ will
adjourn your case to a hearing in the normal Magistrates’ Court
and you will be asked to attend. You will not be banned in your
absence without giving you an opportunity to attend court to
explain what effect a ban will have.
#Post#: 60708--------------------------------------------------
Re: Single Justice Procedure notice issued
DIR By: wdc251023
Date: March 5, 2025, 8:09 am
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Thanks to those who have commented. That makes a lot of sense.
I did see that the maximum fine would be up to £1,000, and I
thought it was a weeks net pay, not 1.5. In any case, does 'up
to' £1,000 apply?
For example: if a week/1.5 weeks pay, minus 33%, plus 40%
surcharge, plus £90 exceeds £1,000, is this capped at £1,000, or
can it go over?
I am trying to work it out. A 40% surcharge would essentially be
adding back the 33% reduction that had just been applied, plus
£90. I am unsure of the exact details, but this could exceed
£1,000. Is my understanding correct in that it is capped, or is
this a fallacy?
In terms of the points, is there any maneuverability on this?
E.g. 4-6. The replies suggest it would be fixed at 6, although
the article I read presented a range.
With regards to the mitigation letter, I will take it that there
is no set way to put this message across?
Thanks again in advance.
#Post#: 60715--------------------------------------------------
Re: Single Justice Procedure notice issued
DIR By: Southpaw82
Date: March 5, 2025, 8:34 am
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You’re misunderstanding what a fine is. It is the financial
penalty imposed for the offence. It does not include prosecution
costs or the surcharge. The maximum fine is £1,000. The fine
cannot exceed the maximum. The fine plus costs plus surcharge
can.
#Post#: 60717--------------------------------------------------
Re: Single Justice Procedure notice issued
DIR By: 666
Date: March 5, 2025, 8:39 am
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--- Quote from: wdc251023 link ---
>
> Thanks to those who have commented. That makes a lot of sense.
>
> I did see that the maximum fine would be up to £1,000, and I
thought it was a weeks net pay, not 1.5. In any case, does 'up
to' £1,000 apply?
>
> For example: if a week/1.5 weeks pay, minus 33%, plus 40%
surcharge, plus £90 exceeds £1,000, is this capped at £1,000, or
can it go over?
>
> I am trying to work it out. A 40% surcharge would essentially
be adding back the 33% reduction that had just been applied,
plus £90. I am unsure of the exact details, but this could
exceed £1,000. Is my understanding correct in that it is capped,
or is this a fallacy?
>
> In terms of the points, is there any maneuverability on this?
E.g. 4-6. The replies suggest it would be fixed at 6, although
the article I read presented a range.
>
> With regards to the mitigation letter, I will take it that
there is no set way to put this message across?
>
> Thanks again in advance.
>
--- End Quote ---
The fine of 1.5 weeks pay is capped at £1,000 before the
discount is applied, i.e. the maximum after discount is £667.
The surcharge (£267 in this case) is calculated on the
discounted fine. It has a maximum, but it's £2,000.
As for points, the guideline is 6. Magistrates tend to follow
the guidelines.
#Post#: 62058--------------------------------------------------
Re: Single Justice Procedure notice issued
DIR By: wdc251023
Date: March 12, 2025, 5:56 am
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Thanks all for your responses.
I have been notified of the decision:
6 points
and
£1,000 fine - Minus 33% = £666
+ £90 costs
+ £266 surcharge
= £1,022.
This is more than I was expecting. From the comments, the 6
points were always going to be awarded, but seemed that there
was discretion for the fine from £100-£1,000. I have been given
the maximum. This may be common, and perhaps they don't tend to
deviate from the maximum fine. The reason I thought there may be
a discount applied was my financial situation. In any case, that
has not happened and I cannot complain as I have been fined what
they are permitted to fine me, due to my mistake.
I do have a further question if anyone would be so kind. In my
letter of mitigation, I pleaded with the court to permit me to
pay in instalments, as a lump sum is simply not possible. It
wouldn't be possible at £500, it certainly isn't at £1,022.
Is it standard for the court to request it in a lump sum, and I
have to speak with the Fines Officer as standard, or have they
taken the decision to ask for it in full, even when considering
my financial circumstances (which I disclosed)?
If it is the former, it does make me question what the use in
providing my financials was, if they leave it to the Fines
Officer anyway? If it is the latter, this is very concerning
that they have asked for it in full, despite my financials.
In any case:
- How likely is it that the Fines Officer will allow me to pay
in instalments? Citizens Advice were unable to comment on how
likely it is. The internet suggests they MIGHT allow me. It is
physically impossible for me to pay it in full - surely, by
wanting to come to an agreement, they would prefer this than
letting it reach bailiffs etc?
For the record, I am not asking for a minimal payment plan. I am
suggesting a plan which would take roughly 16-18 months.
(Appreciate they might wish to condense this to 12.) I just
wanted to know how likely it is that they will work with me, and
whether or not I should take anything from being asked to pay in
full initially (Is this just procedure, or have they just
dismissed my plea?).
Thanks as ever.
#Post#: 62064--------------------------------------------------
Re: Single Justice Procedure notice issued
DIR By: Southpaw82
Date: March 12, 2025, 6:11 am
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You won’t know until you ask. As a rule of thumb, fines are
generally payable within 6 months by instalments but there’s no
hard and fast rule.
NB: courts neither ask nor request, they order. It’s not
optional.
#Post#: 62066--------------------------------------------------
Re: Single Justice Procedure notice issued
DIR By: 666
Date: March 12, 2025, 6:49 am
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--- Quote from: wdc251023 link ---
>
>
> If it is the former, it does make me question what the use in
providing my financials was, if they leave it to the Fines
Officer anyway? If it is the latter, this is very concerning
that they have asked for it in full, despite my financials.
>
>
--- End Quote ---
You have only been asked to provide details of your income, as
that is needed to determine the (income-related) fine.
That doesn't reflect your ability to pay.
#Post#: 62076--------------------------------------------------
Re: Single Justice Procedure notice issued
DIR By: NewJudge
Date: March 12, 2025, 7:33 am
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--- Quote ---
> …but seemed that there was discretion for the fine from
£100-£1,000. I have been given the maximum.
--- End Quote ---
The court can always exercise discretion but is bound to follow
the sentencing guidelines unless there is a reason not to.
Nobody on this thread, as far as I can see, gave you the
impression that the fine might be as low as £100.
If you stated your weekly income at £667 or more, the fine
would be correct. That sum makes the guideline fine (1.5 weeks’
net income) £1,000, which is the maximum. A third off that
brings you back to £667.
--- Quote ---
> Is it standard for the court to request it in a lump sum, and
I have to speak with the Fines Officer as standard, or have they
taken the decision to ask for it in full, even when considering
my financial circumstances (which I disclosed)?
--- End Quote ---
Different courts operate in different ways. The “Single Justice”
procedure is designed to be slick and the hearing will have a
large number of cases to process. Some areas may well leave the
issue of payment plans for the defendant to sort out with the
fines office. In any event, fines and costs are expected to be
cleared within 12 months and unless you have exceptional
outgoings they will expect you to pay £20pw o clear your total.
That’s assuming your fine has been calculated correctly taking
account of your income; if it hasn’t you need to contact the
court to have your case reopened.
You should find the fines office is receptive to any reasonable
proposal which meets this aim. There is no point in them setting
payments which mean a defendant is bound to fail.
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