Advice Needed – Speeding Ticket & Court Hearing next week

Goudy

Public Law governs the exercise of power of public bodies so they act lawfully, rationally and fairly.
It defines how public authorities can use their powers and set limits on those powers. 

We have accountability bodies, human rights and judicial review.
Also in this example, legal precedent that in the past have covered fettering of discretion.

The very nature of how our law works and it's terminology indicate these principles.
For instance Judge and Judgement. If they weren't any discretion we wouldn't have either.

Yes the government/past governments have passed laws, but how they are interpreted requires a different accountability than that of the government (though not all in government think that).

Why do we have a Sentencing Council. They are a public body that sets out guidance for courts.

Sentencing is based on five principles. Seriousness, Harm, Level of Blame, Criminal Record, Personal Circumstances and if a plea of Guilty has been made.

So we have a Judge that makes those Judgements.
A Judge precedes over court proceeding, hears witnesses and evidence, assesses the credibility of those and issues a ruling based on their interpretation of the law and their own personal judgement.

If they were no discretion, why would there be a need for a Sentencing Council,  why would they have these five principles of sentencing and why have a judge?  

TooManyPoints

So, taking all that into account, how do you think the OP should proceed and what do you think the outcome will be (bearing in mind that's realty what he wants to know, rather than be concerned with a somewhat garbled account of sentencing procedure)?

Neo14

Is it actually possible to change a guilty plea to not guilty in these circumstances?

Yes.              


If the prosecutor or even in court said go ahead and change your "gluity plea" to "not guilty" for speeding offence, what will happen? will they need me to identify the driver "who was guitly of speeding offence"? will it be in the same court hearing or another hearing will be arranged to prepare for my defence?  

Goudy

They have already guilty to speeding and not guilty to failure to provide driver details.

Neo14 said:

1. I pleaded not guilty to “failing to provide driver information” because I never received the original letter.

2. I pleaded guilty to the speeding offence (I requested and received the camera calibration certificate and picture, so I accept that part).

They can of course change plea to either but in the event of any not guilty plea they would have to put up some sort defence.

Based on the background information they have already submitted, which I and everyone else only has limited knowledge of, they may have started a defence already.
That is was impractical to respond to the NIP at the time.

Valid reasons for this include postal issues and being unwell or had a medical condition that prevented them from responding within the required time frame. 
Okay, it's not their own medical condition but there is some scope in law when it comes to the health and welfare of a spouse or someone in your care.

I would argue that because of that the updating of the V5C wasn't the most pressing priority at that time. 
Of course the court might disagree but unless there were other factors that I/we don't know about, I guess that's the argument I might make in that position.

They did eventually update the V5C and responded, identified themselves as the driver and pleaded guilty to that original charge.

These mainly cover those principles.
They have taken blame and shown guilty for the original offence, there's little harm been done, there are some personal circumstances and depending on how the magistrates look at it, it could be considered less serious than other possible related offences (like they haven't lent their car to someone else who has mowed down a pedestrian and then failed to identify the driver).

Without putting up some sort of defence they might as well change their plea to guilty, but you are free and it is free to try and defend yourself.

If as you say the court can show no discretion and the sentence is already fixed, what have they got to lose?

TooManyPoints

I would argue that because of that the updating of the V5C wasn't the most pressing priority at that time.

Good luck with that.

Leaving aside he fact that he has already pleaded guilty to speeding (which he did not need to do as the police have no evidence he was driving and so would not be able to secure a conviction) how would you advise him to plead to each of the charges?

 …it is free to try and defend yourself.

Is it? Even if you fail?

If as you say the court can show no discretion and the sentence is already fixed, what have they got to lose?

Courts cannot show discretion when reaching a verdict (which is the context in which my remark was made). They either find the defendant guilty or not guilty. Acquitting him is not “showing discretion”.

It's only when sentencing that they can show discretion, but only within the parameters provided by the statute. Your suggestion (that they might impose fewer that six points would not be showing discretion. It would be acting unlawfully. 

But all that aside, I don’t think you quite grasp the OP’s situation. Have a read of my post at 3:58pm on 5th October which summarises his plight. Please don't bother to let us know what you think.

Okell

Goudy said:

As far as the failure to provide details, you need to show is wasn't reasonably practical to do so in the given time.

You'll need some sort of evidence of your inability to respond, perhaps you were ill or on an extended holiday.

The notice may have been misdelivered or your reply was lost.
Again you are going to need some evidence of perhaps a postal strike or disruption or proof of postage of your reply...

I'm not sure what you are suggesting?  None of those apply here - the OP simply failed to update his V5C.

Goudy said:

As far as the failure to provide details, you need to show is wasn't reasonably practical to do so in the given time...

... You might argue that because of your profession (hard working, down trodden NHS resident doctor) you are required to move where the work takes you and this means constantly updating the address on your car's V5C when you move...

But isn't there case law that has decided that if you fail to receive a NIP/s172 request just because you failed to notify the DVLA of a change of address, that that is not a defence - provided the notice was correctly sent to the RKs last known address?  Whiteside v The Director of Public Prosecutions | [2011] EWHC 3471 (Admin) | England and Wales High Court (Administrative Court) | Judgment | Law | CaseMine

Goudy said:

... Perhaps moving house, moving to a new job and your wife being ill and having an operation might be considered as being reasonably impractical, the updating of your V5C couldn't possibly be at the forefront of the mind of the most organised person in those circumstances...

Lots of people move house and get new jobs.  It's not a defence.

AIUI the OP is suggesting his wife's illness and operation as mitigation towards speeding, nothing to do with failing to update his address.

Okell

I believe the case is today

See Reply #14  Advice Needed – Speeding Ticket & Court Hearing next week