Single justice procedure notice

irishpride988

Hey guys,

Just a curious question, I've received a single procedure notice exactly 5 months after I was caught speeding on a motorway (offence was the 3rd of December). Sent of my plea yesterday and had been told about the 6 month rule.

I've read online and can't get a clear answer on this, is the 6 month rule that they have to send the SJPN to remain valid, or do they have to make a court summons within the 6 months?

Thank you!

a.turner

They need to lay the information before the court within six months.

In layman's terms tell the court you've been done and ask for a postal charge.

irishpride988

Hey,

Thanks for your reply. Is the SJPN a result of them laying the information to the court, or what they need before laying information to the court.

My confirmation email from replying online said I have until 12/06/2019 to change my plea. But this is 9 days after the 6 month period. Would it still stand or is it likely to expire by that time?

Thank you.

a.turner

You've had your postal charge and it's not going to time out.

TooManyPoints

The "six month rule" determines that court action must be initiated within six months of the alleged offence but the first court hearing need not take place within that time.

They don't "lay an information" for motoring matters any more. Nor, under the SJ procedure, do they issue a summons or a postal requisition. What happens is that a Single Justice Procedure Notice is issued together with a "written charge". The SJPN goes to the defendant (by post) and the written charge goes to the court (usually electronically). The legislation says that these two must be "issued at the same time" and the written charge sees the start of proceedings and so must comply with the six month rule. But the legislation does not say they must be sent together.

What has been happening in many areas is that the written charge and SJPN have been "issued" within six months (making the prosecution valid) but the SJPN has not been sent to the defendant immediately. This leads some of them to query whether the action against them is legitimate. The High Court considered the matter in the case of Brown vs DPP and this seems to have settled the matter:

https://www.casemine.com/judgement/uk/5ca441a42c94e036c178599e

With your SJPN having been sent within five months this means the written charge has been issued in time and so the proceedings are legitimate.