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Court summons in a different name for driving without due care

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  • Okell
    Okell Posts: 2,694 Forumite
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    edited 12 June 2024 at 4:44PM
    If you are a HCA absolutely nobody at your agency or trust is going to bothered about a minor motoring offence.

    Why did you send your licence off at all?
  • Car_54
    Car_54 Posts: 8,863 Forumite
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    drmacf007 said:
    Who looks at the  guilty pleas and mitigating statements and decides, if the case needs to go to court or not? 
    Is this done by a Criminal Justice Supervisor? 
    AIUI that is done by the Single Justice him/herself. A legal advisor is also present.
  • Car_54
    Car_54 Posts: 8,863 Forumite
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    drmacf007 said:
    Is the Single Justice the same person who was named on the original SJP paper work ? 
    There was a covering letter, with a name, that' so and so ' has now decided that the case will now proceed under the sjp
    Do you mean the decision to go to a full court hearing? That would indeed be made by the SJ.

    The decision to go to the SJP itself would have been made by the police.

    Why does any of this matter?
  • TooManyPoints
    TooManyPoints Posts: 1,581 Forumite
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    edited 12 June 2024 at 10:53PM
    Who looks at the  guilty pleas and mitigating statements and decides, if the case needs to go to court or not?
    Is this done by a Criminal Justice Supervisor?

     There is no such person as the “Criminal Justice Supervisor”. The decision to send a case to the full Magistrates’ Court is taken by the Single Justice (a Magistrate) who first deals with your case under the Single Justice Procedure.

    Is the Single Justice the same person who was named on the original SJP paper work ?

     Single Justices are not named on pre-hearing paperwork. Apart from anything else, until the day of the hearing it is not known which Magistrate will be presiding over the hearing. 

    In any case, why are you still worrying about this? You are where you are. Your case is now in the normal Magistrates’ Court and you have been asked to attend. Why it got there is immaterial and there’s nothing you can do about it. You have no right to have your case heard under the SJ procedure and it’s been decided, for whatever reason, to take it out of that process. I advised you on the court process and your part in it firstly on 9th June with a follow up yesterday. I don’t really know why you want your insurers to "take a look". Take a look at what?

  • user1977
    user1977 Posts: 17,889 Forumite
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    drmacf007 said:
    I have recently obtained home insurance cover in May. It does say they provide legal advise or cover
    Is it worth asking them to have a look? Will they say that this case is pre-existing? ie Dec 2023 incident
    Probably, and I doubt it includes criminal defence work anyway.
  • LightFlare
    LightFlare Posts: 1,469 Forumite
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    edited 13 June 2024 at 7:03AM
    Seriously - it’s not exactly crime of the century 

    You aren’t getting banned, you aren’t going to prison

    Plenty of people find themselves for whatever reason in the same situation

    You have had accurate and concise advice on what to do

    You need to calm down and stop panicking and overthinking - otherwise you will be snatching defeat out of the jaws of victory in court
  • LightFlare
    LightFlare Posts: 1,469 Forumite
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    Before court, just write down in clear and concise - one sentence statements you wish to present and stick to them.

    No ad libbing, no thinking on the fly - answer any questions with short and factual answers.

    Keep emotion out of it (easier if you have a pre-prepared statement)
  • TooManyPoints
    TooManyPoints Posts: 1,581 Forumite
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    Worse case scenario a ban and a huge fine .. 
    If you were originally offered a fixed penalty the police must consider the offence to be at the lower end of seriousness. As I explained in my post @1:34pm on 9th June, you can expect a small fine related to your income and at most 4, but more likely 3 points.

    All the blather about what you wrote to "the cops" is irrelevant and will have no bearing on that. 

    Lastly, whatever anyone says, I still feel that I'm in this soup,...

    In that case there is no point in continually posting about this here and elsewhere because your mind seems made up. Do let us know how it goes so that we can help others in the same situation as you. 
  • Car_54
    Car_54 Posts: 8,863 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    drmacf007 said:
    Will do so
    Thanks to everyone on this forum, especially TMP, LF and car 54. God bless you guys
    I know, been told not to blather but before signing off, had one more gremlin to get rid off. 

    Besides the charges on the court summons, would they bring out anything new, pull a rabbit out of the hat?
     
    They can't. You've been charged with careless driving, that's what they're there to try. Since you've pleaded G, all that remains is to decide the sentence.

    As has been said before, you're over-thinking it. They're unlikely to want to spend more time than they really have to on a low-level offence.
  • elsien
    elsien Posts: 36,118 Forumite
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    edited 14 June 2024 at 8:21AM
    Ok, as has been suggested several times already, your letter was unclear about how unequivocal your guilty plea was.
    Stop seeing conspiracies where there aren’t any.  
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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