Speeding Ticket

TooManyPoints

Wonder what the judge would make on seeing that section left blank... Laugh & then hand out the max they can for wasting their time....

No that certainly isn't how it works.

Firstly, it is doubtful whether the matter will heard before a judge. The only judge that is will preside over a Magistrates' Court is a District Judge (Magistrates' Courts). However, unless the matter is heard in London or another big city the court is far more likely to presided over by three "lay" Magistrates. In either event, the paperwork will not be provided to the Bench unless they specifically ask to see it. The information on it will be conveyed to the Bench by the court's Legal Advisor.

But more important than that, the idea that the judge will "Laugh & then hand out the max they can for wasting their time...." is nonsense. Sentencing is not influenced by the defendant's inability or unwillingness to complete paperwork. It is based mainly on the seriousness of the particular offence together with aggravating or mitigating circumstances relating to the offence and the offender.

Best to stay out of it.

In that you are certainly correct.

born_again

Car_54 wrote: »

That's not how the system works. The judge probably won't even see the form. There will be a hearing at which the OP will be asked for the basis of his defence, before a date is set for trial.


However, I agree with your last para!

Well never been caught speeding so would not have any idea.

Thanks for the heads up.

Shaun_of_the_Dead

Car_54 wrote: »

That's not how the system works. The judge probably won't even see the form. There will be a hearing at which the OP will be asked for the basis of his defence, before a date is set for trial.


However, I agree with your last para!

Is that how it works? It used to be the case a plea is entered and a trial date is set, no need to give any indication of their defence.

TooManyPoints

Is that how it works? It used to be the case a plea is entered and a trial date is set, no need to give any indication of their defence.

It depends.

In most areas "Case Management Hearings" are held before a trial takes place. Where a matter starts with a SJPN the case will be taken out of the Single Justice process and listed for a normal court hearing to which the defendant will be asked to attend. Where the defendant attends in person to enter his plea that hearing may well be held immediately his NG plea has been entered (provided the matter is straightforward). If not a separate hearing will be listed.

Both parties have a duty to co-operate with the court process so that when the matter comes for trial all foreseeable problems have been addressed. Whilst the defendant cannot be compelled to co-operate with this process, he cannot "ambushed" the prosecution by introducing a hitherto undisclosed line of defence and hence be acquitted because the prosecution has no means of dealing with it there and then. For example, in a speeding case the defendant may well turn up with an expert witness who will give evidence that in his opinion the device was faulty or inaccurate. The prosecution is entitled to see his evidence beforehand and prepare to rebut it at the trial. If such an ambush was attempted the trial would have to be adjourned and there is a strong possibility that, if convicted, the defendant would have to bear the extra costs that the acquittal accrued.

That is why Case Management hearings are usually held.