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#Post#: 67466--------------------------------------------------
Summons to Court. Reason Case management hearing?
DIR By: Oscar86
Date: April 16, 2025, 4:32 pm
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Hello, I have recived a summons to court for a
"case management hearing to discuss and identify issues in the
case and then fix a trial date"
I have already pleaded guilty to the speeding offence using the
online system and selected the option to appear at Court as I'm
most likely going to recive a driving ban.
I am wondering what a case management hearing involves and what
"issues" they could be referring to?
Is there a chance a sentence can be passed at the hearing?
The only other factor is the letter from my employer i said I
would bring with me to Court stating I'd lose my job upon being
banned.
Any insight or advice is appreciated.
#Post#: 67467--------------------------------------------------
Re: Summons to Court. Reason Case management hearing?
DIR By: andy_foster
Date: April 16, 2025, 4:41 pm
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The fact that they are proposing to list a trial date after you
have already pled guilty, suggests either that you have included
some mitigation that constitutes a defence, or that the court
staff are a waste of space.
You know far more about the circumstances of the case and what
information you provided than we do. The court presumably knows
far more about the reasons for the pre trial hearing than we or
you do. Perhaps asking the court would be more illuminating than
asking us?
#Post#: 67468--------------------------------------------------
Re: Summons to Court. Reason Case management hearing?
DIR By: NewJudge
Date: April 16, 2025, 4:46 pm
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A case management hearing is held when a not guilty plea has
been entered and a trial is necessary.
Since you have pleaded guilty no CM hearing should be necessary.
However, if you do face a ban you will be required to attend
court. The court may have sent you the wrong template letter so
you need to contact them to find out whether that is the case or
there is another reason, perhaps the one Andy suggests.
#Post#: 67471--------------------------------------------------
Re: Summons to Court. Reason Case management hearing?
DIR By: Oscar86
Date: April 16, 2025, 5:08 pm
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--- Quote from: andy_foster link ---
>
> The fact that they are proposing to list a trial date after
you have already pled guilty, suggests either that you have
included some mitigation that constitutes a defence, or that the
court staff are a waste of space.
>
> You know far more about the circumstances of the case and what
information you provided than we do. The court presumably knows
far more about the reasons for the pre trial hearing than we or
you do. Perhaps asking the court would be more illuminating than
asking us?
>
--- End Quote ---
Unfortunately not, i did ring the number provided on the summons
but the person I spoke to was not able to clarify the reason, he
did provide me with the e-mail address to forward my letter to
the Courts but that was it.
I basically held my hands up and didn't offer much in the way of
mitigation on my statement either.
I'm there on the 24th so will find out soon enough.
It was mainly about the sentencing aspect and if i could drive
there or better to take the bus.
Also I've never been to court before should i be wearing a suit?
It is at the Magistrates Court.
#Post#: 67484--------------------------------------------------
Re: Summons to Court. Reason Case management hearing?
DIR By: Freecall
Date: April 17, 2025, 1:49 am
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Without knowing the details or the circumstances or what you
gave as mitigation it is hard to judge but it sounds as if
either your plea was non-equivocal or the letter you have been
sent is simply the wrong pro-forma.
Go along to the court on the day and ask the prosecutor before
the hearing, they will happily tell you. Then, based on what
you say, if there are no unexpected circumstances, plead guilty
when asked by the Clerk in order to get maximum discount.
If you face a disqualification (I assume you are a totter rather
than expecting a ban for the offence itself) then definitely
don't expect to drive home.
As for clothing, it won't make a jot of difference, these things
are essentially procedural.
#Post#: 67485--------------------------------------------------
Re: Summons to Court. Reason Case management hearing?
DIR By: Lodesman
Date: April 17, 2025, 2:37 am
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[i]I basically held my hands up and didn't offer much in the way
of mitigation on my statement either[/I]
Only a shot in the dark but could your 'mitigation' have been
interpreted as equivocal ?
#Post#: 67499--------------------------------------------------
Re: Summons to Court. Reason Case management hearing?
DIR By: The Slithy Tove
Date: April 17, 2025, 4:12 am
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--- Quote from: Oscar86 link ---
> I'm most likely going to receive a driving ban.
--- End Quote ---
Is this a totting ban or a ban due to grossly excessive speed?
Some details would help. If the former, then have you started to
consider an "exceptional hardship" case to avoid it?
#Post#: 67524--------------------------------------------------
Re: Summons to Court. Reason Case management hearing?
DIR By: Oscar86
Date: April 17, 2025, 6:00 am
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I made a straight forward, statement saying there's no excuse
for what I've done and how remorseful I am about the offence.
The offence in question is 61mph on a 30mph road. 0 points on
license I've held for 20 years.
I will look into the "exceptional hardship" but I'm not
confident it will help.
Thank you for the replies.
#Post#: 67528--------------------------------------------------
Re: Summons to Court. Reason Case management hearing?
DIR By: NewJudge
Date: April 17, 2025, 6:37 am
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--- Quote ---
> I will look into the "exceptional hardship" but I'm not
confident it will help.
--- End Quote ---
No it won’t because it is not available to you.
Whilst you can explain the difficulties a ban would present,
formal “Exceptional Hardship” arguments can only be made when
the driver faces a “totting up” ban (12 points within 3 years).
Since six points is the maximum number that can be imposed you
are not in that position.
The sentencing guidelines for 61 in a 30mph limit suggest either
a ban of up to 56 days or six points. That band of seriousness
begins at 51mph, so you are well into ban territory.
Too late now, but your better option would have been to have
chosen not to attend court and have the case heard (in the first
instance) under the “Single Justice” (SJ) procedure. You cannot
attend an SJ hearing but the single magistrate dealing with your
case would not have disqualified you in your absence. If a ban
(rather than six points) was to be considered your case would
have been listed in the normal Magistrates’’ Court and you would
be asked to attend. That is the situation you are now in but you
have lost the “first bite of the cherry” where the SJ may have
dealt with you by way of six points.
None of this explains why you have been invited to a “case
management” hearing as, from what you say, there is no need for
one. You should simply be attending for sentencing. It is my
guess that you have simply been sent the wrong template letter.
#Post#: 67530--------------------------------------------------
Re: Summons to Court. Reason Case management hearing?
DIR By: Freecall
Date: April 17, 2025, 6:55 am
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--- Quote from: Oscar86 link ---
>
>
> The offence in question is 61mph on a 30mph road.
>
>
--- End Quote ---
Ah, you didn't mention that, it explains why you have been
called to court.
At 61mph in a 30 limit you are definitely into disqualification
territory.
You need to consider any aggravating factors which might push it
towards the 56 days end when working out what to expect.
You will also get the usual financial penalty of Fine calculated
as 150% of relevant weekly earnings plus 40% victim surcharge
plus costs of about £85.
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