If you’ve received a Single Justice Procedure Notice (SJPN), you may be wondering what it is and what you need to do next. Fortunately, this guide has everything you need to know.
What is a Single Justice Procedure Notice (SJPN)?
A Single Justice Procedure Notice (SJPN) is a legal document issued in England and Wales for minor offences, typically traffic violations. It allows a case to be handled by a single magistrate without the need for a full court hearing. The recipient can return their plea in writing, improving efficiency and reducing court backlogs.
Single Justice Procedure Notices came into force in 2015 under the Criminal Justice and Courts Act 2015 and deal with summary-only, non-prisonable offences.
The assumption is that most cases will be resolved by a guilty plea without a formal hearing. Together with the Criminal Justice Simple, Speedy, Summary (CJSSS) program, they are designed to improve the efficiency of the Magistrates’ Court and reduce the number of hearings, supposedly improving overall efficiency and providing a more convenient and prompt conclusion for the parties involved.
The SJPN should explain the offence that you face and outline the options available to you, which are:
- Plead guilty
- Plead not guilty
- Request a court hearing.
SJPN hearings take place “behind closed doors” and normally within 21 days from the posting of the notice. You will not be given the date of the hearing, and the court will write to you with the result.
Why have I received a Single Justice Procedure Notice?
If you have received a Single Justice Procedure Notice (SJPN), it typically means you have been accused of a minor offence. Common reasons for receiving an SJPN include:
- Traffic Offences: Such as speeding, driving without insurance, or other minor motoring offences.
- TV License Evasion: Failure to pay for a required TV license.
- Fare Evasion: Not paying for a ticket on public transport.
- Other Minor Offenses: This can include low-level public order offences or other regulatory breaches.
Timeframes for a Single Justice Procedure Notice
When will the SJPN be issued?
A Single Justice Procedure Notice (SJPN) is typically issued when an offence that falls within its scope has been identified and the authorities have decided to proceed with prosecution. The timing can vary depending on the specific circumstances and the type of offence, but you should receive an SJPN within six months of the commission of an offence.
This can be quicker though. For example, for traffic offences, this might be soon after a speed camera captures a violation.
How long do I have to reply?
Once issued, the SJPN provides the recipient with a specific period (often 21 days) to respond. This allows time to consider the allegations and decide how to plead.
What if I don’t reply in time?
If you don’t respond to a Single Justice Procedure Notice within the specified time frame, there are several potential consequences. Most commonly, the court will assume you have pleaded guilty, which could lead to a conviction without your input or mitigation being considered. There may also be additional fines and penalties (such as points on your driving license).
What if it was sent to the wrong address?
If a Single Justice Procedure Notice was sent to the wrong address and you did not receive it, there are a few steps you can take:
- Contact the issuing authority: As soon as you become aware of the SJPN (perhaps after receiving a later communication or finding out through other means), contact the issuing authority, such as the court or the relevant enforcement department. Explain the situation and provide your correct address.
- Seek legal advice: It may be beneficial to seek legal advice, especially if the situation has progressed (for example, if a decision has been made in your absence).
- Update your address records: Ensure that your address is up to date with the relevant agencies, such as the DVLA for driving-related matters, to prevent future correspondence issues.
- Request reconsideration: If a decision was made in your absence (like a fine or penalty), you can request the court to reconsider. You will likely need to provide evidence that you did not receive the notice and explain any delay in your response.
- Appeal process: If the case has progressed significantly, there may be an option to appeal the decision.
Problems with the Single Justice Procedure Notice procedure
Most people, having received an SJPN, simply tick guilty or not guilty and complete the online form. At this stage, you have none of the evidence to substantiate the offence. You will have been provided with very little, or more often, no knowledge at all about the consequences of entering a plea and completing the online form.
Unsurprisingly, therefore, the system is problematic.
Furthermore, SJPNs are sent out in the post, not recorded or special delivery. You have a few weeks to deal with them.
If, for whatever reason, you do not receive the SJPN or don’t deal with it quickly enough, you might find yourself convicted of an offence in your absence and without your knowledge.
The court will then write to you with the outcome which might be:
- The plea is accepted and a sentence is imposed, which will include financial penalties
- The plea is not accepted because it is unequivocal
- A new court date has been fixed for you to attend in person
A word of caution when completing the online plea
When completing the online plea after receiving a Single Justice Procedure Notice (SJPN), exercise caution for the following reasons:
- Entering pleas without full evidence: You will be expected to plead guilty or not guilty without access to all the evidence the police and prosecution are using against you.
- Difficulty in retracting a guilty plea: Once a guilty plea is entered, changing it is challenging, though not impossible.
- Unawareness of sentencing options: Often, pleas are made without understanding potential sentencing outcomes, such as a driving ban or substantial fines.
- Potential court appearance: An online guilty plea may still require you to attend court later for sentencing.
- Risk of dual charges: Be aware of the possibility of facing dual charges, which could lead to double penalties.
- Issues with equivocal pleas: It’s not rare for individuals to indicate one plea online and then provide contradicting information on the same form. This contradiction may cause the court to adjourn and require your in-person attendance.
- Automatic disqualifications: You might face a driving disqualification without a chance to present your case or mitigation.
- Risk of unaware disqualification: If a disqualification is imposed and you are not notified, you could unintentionally commit a more serious offence by driving while disqualified. This offence is grave and can result in severe penalties, including imprisonment and a large fine.
Does a SJPN appear on my criminal record?
A Single Justice Procedure Notice (SJPN) itself does not appear on your criminal record. However, the outcome of the process it initiates can affect your record, depending on the nature of the offence and the resulting conviction. Many of the offences dealt with by an SJPN, such as minor traffic violations, are often not recordable and thus may not appear on a standard criminal record. However, this can vary depending on the specific offence – if you plead guilty or are found guilty of an offence that is recordable, this conviction will appear on your criminal record.
What happens if I plead guilty?
If you plead guilty to an offence via a Single Justice Procedure Notice (SJPN), usually, you won’t need to appear in court. The SJPN process allows for the matter to be dealt with in your absence, based on your written plea.
A magistrate or judge will review your case, including any evidence and the guilty plea. They will also consider any mitigation you’ve provided. Based on this review process, they will impose a penalty for the offence. Penalties can include fines, penalty points on your driving license, and more. The court decides the penalty based on legal guidelines and the specifics of your case.
You’ll be informed of the court’s decision, usually by letter. This will include details of the penalty, how to pay any fine, and information about any other sanctions imposed.
Summary
If you receive an SJPN, we would urge you to exercise caution in dealing with the matter without first seeking legal advice. Although there is a need to act quickly (due to the time constraints involved), there are several problems with the process and you could find yourself facing one of the issues we’ve described above.
As such, it is highly recommended that you speak to a solicitor first.
If you’d like a free consultation with one of our team, contact our criminal defence solicitors for guidance by filling in a contact form.