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Single Justice Procedure notice for speeding SJPN

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  • LightFlare
    LightFlare Posts: 1,461 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 15 July 2024 at 6:28PM
    I suspect you may have snatched defeat out of the jaws of "victory"

    Your wife cannot be charged with both offences - merely the failing to name

    they CANNOT charge her with speeding if they are charging for failure to name (how could they possibly know who was driving)

    there is a chance you may both be charged now - wife for failure to nominate, you for speeding
  • TooManyPoints
    TooManyPoints Posts: 1,579 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 15 July 2024 at 7:50PM
    Your wife cannot be charged with both offences - merely the failing to name
    She certainly can. "Dual charging" is commonplace and allows the recipient of the s172 notice to plead guilty to the underlying offence in exchange for the s172 charge being dropped (only providing they were driving). 

    What cannot happen is she cannot be convicted of both offences - unless she pleads guilty to speeding. That's not an issue here because the OP's wife does not intend to plead guilty to speeding. Which is just as well as she she wasn't driving. 

    there is a chance you may both be charged now - wife for failure to nominate, you for speeding

    There's little chance of that. The offence was in February and "times out" next month. The police will have to raise an SJPN before that date and I doubt they will be bothered. That said, stranger things have happened. I'm not sure it will help the OP's wife very much, mind, as it provides no defence to the s172 charge she faces.

    This is a very unfortunate situation. When the recipient of the s172 request is the driver in these circumstances, it is a straightforward matter to do the "plea deal" I mentioned above.. If, as in this case, the recipient was not the driver their only option is to defend the s172 charge. This isn't easy (if it was everybody would  do it). The rule is, keep a copy of your response and get a free certificate of posting from the Post Office.

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