DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Speeding and other criminal offences
*****************************************************
#Post#: 68395--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: BertB
Date: April 24, 2025, 4:06 am
---------------------------------------------------------
I think original offence, charge and conviction have morphed
into one and then been split up again in the wrong order. He has
been convicted of FTF. I can't see how there can be another SJPN
unless there is a second occasion of it happening.
--- Quote ---
> The SJNP and witness statement (from the speed camera
operator) I requested relate to and mention only the NIP.
--- End Quote ---
I mean translate that to mean whatever you want I guess. But it
doesn't say only charged with Speeding (and how could that be
the case?). It could mean only charged with FTF or it could just
be a witness statement from the camera operator saying "I
observed XXX speeding, etc, he was issued with a NIP" and so on
and does not confirm what the OP was actually charged with.
--- Quote ---
> So I’m anticipating there’s two offences I’ve been unaware of
and therefore another SJNP for that too that I’ve also missed?
--- End Quote ---
This is the only mention of 'second SJPN' and is probably
unqualified speculation/nonsense.
#Post#: 68401--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: andy_foster
Date: April 24, 2025, 4:28 am
---------------------------------------------------------
What [the OP has told us that] the court has told/supplied to
the OP makes little sense.
Until the OP receives (and shares) meaningful information from
the court, I suggest that posters refrain from idle speculation
or other irrelevant noise.
#Post#: 69561--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: Richduc
Date: May 1, 2025, 8:12 am
---------------------------------------------------------
Hi again
and apologies for delay in updates so understand if no one wants
to comment! Only just managed to get through to SJS after no
response from emails and calls not being connected.
Anyway, I was charged with two offences, my original speeding
offence has been withdrawn and found guilty of the FTP in my
absence. SPS have sent me a link for an online Statutory
declaration which I’m about to send off. I’ve filled it in to
the best of my ability. The only real query is they ask how do
you plead to the original offence. Am I right to answer that yes
I’m guilty of the original offence on the proviso the FTP is set
aside?
Thanks for anyone reading this and any further guidance.
Rich
#Post#: 69571--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: Freecall
Date: May 1, 2025, 10:05 am
---------------------------------------------------------
That is pretty much correct.
In practice you will discuss this with the prosecutor on the
day, before you swear your SD (you won't actually discuss the
details in open court).
As soon as your SD is sworn the Clerk to the Court will put the
initial offence to you again, you plead guilty and then the
prosecutor will withdraw the FTP charge. Job done!
You will be fined, endorsed and sent on your way.
#Post#: 69780--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: Richduc
Date: May 2, 2025, 1:19 pm
---------------------------------------------------------
I think I may have made a mistake on the SD online! It asked I
if I’m pleading guilty to the original offence. And gives a box
to tick and a box for text. I checked the I am guilty box and
put some text relating to pleading guilty to the original
offence if the subsequent offence was quashed. Is this correct
or should I have checked the not guilty box??? Now feeling
really stupid and worried I’ve just pled guilty to another
offence on top!! Thank you to all who have given their advice so
far.
#Post#: 69790--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: ManxTom
Date: May 2, 2025, 3:59 pm
---------------------------------------------------------
--- Quote from: Richduc link ---
>
> ... Am I right to answer that yes I’m guilty of the original
offence on the proviso the FTP is set aside?
> Thanks for anyone reading this and any further guidance.
> Rich
>
--- End Quote ---
Sorry but I think that is a really arse-about way of looking at
this.
Assuming you were dual charged with speeding and failure to
identify, you plead "NOT GUILTY" to both offences, but you tell
the prosecutor that you would be willing to change your plea in
respect of the speeding to "Guilty" if - and only if - they
agree to drop the failure to identify charge. You don't set out
by saying "Yes I'm guilty" of anything. Rather you say "Not
guilty but..."
--- Quote from: Richduc link ---
>
> I think I may have made a mistake on the SD online! It asked I
if I’m pleading guilty to the original offence. And gives a box
to tick and a box for text. I checked the I am guilty box and
put some text relating to pleading guilty to the original
offence if the subsequent offence was quashed. Is this correct
or should I have checked the not guilty box??? Now feeling
really stupid and worried I’ve just pled guilty to another
offence on top!! Thank you to all who have given their advice so
far.
>
--- End Quote ---
As far as I can recall the only offence you have been convicted
of so far is failure to identify the driver, and that is the
offence that you are swearing the SD in respect of. When the
online form refers to what you describe as the "original
offence", is it talking about the original speeding offence or
is it talking about the failure to identify?
I may be mistaken but I suspect that the original offence is the
failure to identify - the only offence you have been convicted
of - so pleading guilty is quite likely a mistake and defeats
the purpose of doing the SD in the first place.
But don't panic! See what other posters more expert than me
say...
NB - weren't you going to clarify with the court if you'd been
dual charged or not? It's being dual charged that gets you the
best result here because you need the speeding charge to bargain
with
#Post#: 69791--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: Richduc
Date: May 2, 2025, 4:29 pm
---------------------------------------------------------
Hi and thanks for replying.
All I really know is that there’s one case number relating to
two charges. On the call to HMCTS they said that the speeding
offence was dropped. I assumed probably incorrectly that the
original offence was the speeding offence otherwise why word it
as original offence. I’m so confused!
I’ll have to ring the STS back and see if I can amend the form.
[attachment deleted by admin]
#Post#: 69808--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: Freecall
Date: May 3, 2025, 2:40 am
---------------------------------------------------------
Ok, not the best way of handling things but I think you can
still get the result you want.
Just proceed as has already been set out. The first thing is
the SD, that will then effectively take you back to the
beginning.
With you having already spoken with the prosecutor, the court
will then put the speeding charge back to you first, then you
plead guilty to that charge in open court.
Then the prosecutor will withdraw the FTP charge.
#Post#: 69972--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: Richduc
Date: May 4, 2025, 11:43 am
---------------------------------------------------------
Hi again!
I’ve presumed that the form - a screenshot attached in previous
post - is the SD - or at least the initial submission. I’ll go
back and clarify what ‘original offence’ refers to. If to the
FTF I’ll amend to not guilty although I’m not sure what to put
in the text box for why. Although it may not require any reason
for a NG plea.
If it’s the original speeding offence then I’ll also amend to it
guilty?? and still not sure what to write for the reason why,
if any is required.
#Post#: 69976--------------------------------------------------
Re: Further steps notice and statutory declaration help
DIR By: NewJudge
Date: May 4, 2025, 12:28 pm
---------------------------------------------------------
--- Quote ---
> I’ll go back and clarify what ‘original offence’ refers to.
>
--- End Quote ---
As far as the SD goes, the "original offence" can only be the
one of which you were convicted - failure to provide the
driver's details.
The important thing is to make sure you maintain Not Guilty
pleas to both offences until you have an assurance that the FtP
charge will be dropped if you plead guilty to speeding.
*****************************************************
Page 3 of 4
DIR Previous Page
DIR Next Page