Single justice procedure notice

in TV MoneySaving
6 replies 3.1K views
Hello
I have received a single justice procedure notice for TV licence in the post. It's the first one I have ever received so I'm kind of confused and also worried about it, any advice is appreciated
Thanks

Replies

  • mije1983mije1983 Forumite
    3.7K Posts
    Part of the Furniture 1,000 Posts Combo Breaker Name Dropper
    ✭✭✭✭
    I assume they came to your property as you don't have a TV licence? What happened when they visited?
  • Cath289Cath289 Forumite
    2 Posts
    The cautioned me then interviewed me, and now got one of them notices through the door. The visit happened in January
  • mije1983mije1983 Forumite
    3.7K Posts
    Part of the Furniture 1,000 Posts Combo Breaker Name Dropper
    ✭✭✭✭
    But what actually happened? Were you watching TV (or iPlayer) or did you admit to watching TV? Need some more detail.
  • edited 14 June 2018 at 8:40PM
    CornucopiaCornucopia Forumite
    15.7K Posts
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭
    edited 14 June 2018 at 8:40PM
    Sorry, only just seen this thread...

    In terms of the process under the Single Justice Procedure, there are three options:-

    1. Leave the SJP to run its course. You will be found guilty automatically, and your fine will be based on the Means Statement you submit.

    2. You can opt to go to Court instead, and plead Guilty. If you have complex mitigation, this might be a better option than SJP.

    3. You can opt to go to Court and plead Not Guilty. You would need to state the reasons why you are not guilty, and may need to cross-examine the TVL person that visited you. Unfortunately, unless there are very compelling medical reasons, you will not be able to obtain Legal Aid.

    As Mije1983 has said, if you tell us what happened during Interview and what is alleged in the Court paperwork, we may be able to suggest possible defences. If you were actually guilty of the evasion offence, then in the absence of the technical defences below, or errors in the paperwork, the best option is probably to go with a Guilty plea with suitable mitigation if possible, as that will lead to a discount on the penalty. For people on low incomes, penalties for this offence are typically around £200, unless there are previous offences, or other exacerbating circumstances.

    The Interview itself is voluntary, and MUST be preceded by the official caution. If the Caution was not read, or you had good reason not to understand it, or you felt coerced into participating in the Interview when you would have preferred not to, or you were dissuaded from seeking legal advice, or from remaining silent, then any/all of those could be technical issues that could be raised in Court.
    ex Board Guide

  • HWWHWW Forumite
    103 Posts
    Yes, more detail please - were you ACTUALLY guilty of the TVL offence? If innocent, please fight it every inch of the way.
  • CornucopiaCornucopia Forumite
    15.7K Posts
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭
    HWW wrote: »
    Yes, more detail please - were you ACTUALLY guilty of the TVL offence? If innocent, please fight it every inch of the way.

    It's worth explaining to casual readers that this ambiguity in our posts over guilty or innocent is not paranoia on our part, but reflects the fact that TV Licensing and Court procedures are so poor that they prosecute many innocent people, and even according to their own figures drop around one third of cases before verdict (indicating official uncertainty as to whether the defendants were guilty and public interest required their prosecution).

    That third is actually one sixth of the original total number of people "caught" allegedly evading the Licence. Half of those have already been let off before Court options have even been considered. So, overall, around two-thirds of all supposedly viable TVL cases never make to court verdict.
    ex Board Guide

This discussion has been closed.
Latest MSE News and Guides