Single Justice Procedure Notice - No conditional offer received

[BobbyBobbyBobby]

Hi

 

Looking for advice for a family member.

They received a NIP in April 2022 doing 59 in 50, completed NIP form and returned within 5 days.

They heard nothing until a week ago when they received a SJPN. A few things stand out as a red flag from the SJPN.

 

Firstly the notice is post dated on the notice the very last day of the 6 months time frame from the date of offence and was physically received more than a week after this date.
 

Secondly

The officers statement provides date and method of posting of the NIP, confirmation completed NIP form received and copies of both as evidence within the pack.

When it comes to the Conditional offer however simply states “to the best of my knowledge conditional offer sent and not complied with”, no date and no method of posting provided and no copy of conditional offer included as evidence.

 

Appears the conditional offer was never produced nor sent and SJPN produced more than 6 months after the incident date. I have asked them to check the date stamp on the envelope to confirm when actually posted.

 

If conditional offer was sent and received they would have responded straight away as shown with the NIP response. 

 

They wish to plead guilty but with mitigation explaining the above.

 

Read various posts across multiple sites some contradicting each other.

Some say request court hearing to hear mitigation, others say to just send a letter of mitigation with plea.

 

Is anyone able to provide any advice please?

 

 

[Man in the middle]

Quote

...and SJPN produced more than 6 months after the incident date. 

If this is so no prosecution is possible. To begin proceedings the prosecution must produce a "written charge" (which goes to the court) and an SJPN (which goes to you). The legislation says these are to be produced "at the same time".  If you want to contest this you must find out when these two were produced (when you received the SJPN is immaterial). However, if you don't:

 

Reply to the SJPN by pleading guilty. Also explain that no offer of a fixed penalty was received and request that you are sentenced at the Fixed Penalty equivalent. Magistrates have guidance suggesting they should do this is circumstances like yours:

 

"Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances."

 

Edited November 2, 2022 by Man in the middle

[BobbyBobbyBobby]

Thank you. Pleaded guilty. Sent a letter explaining that they did not receive the fixed penalty notice and requested the fixed penalty equivalent.