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Court Summons for 3 offences
mrmk
post Fri, 6 Apr 2018 - 23:22
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Hi, I've sent sent a summons by Kent Police to attend court on the 16th of April for the following:

-Careless driving
-Failure to stop
-Failure to report


I was doing a 3 point turn on the 17th of August 2017 and I accidentaly bumped a parked car but didn't get out to check the other car because I didn't think significant damage was done. Anyways, interviewed on 3rd of December 2017 by police and a statement wasn't provided until the 13th of March 2018. In regards to the witness statement, it is dated as " 24th JULY 2017" which is a month before the incident happened. The witness does have CCTV footage of the incident and I admitted to bumping the car in the cautionary interview after being told this. I intend on pleading guilty; however, I don't want to lose my licence via totting up as I've only had it for a year now and am only 18. My question is what do you think will happen and does the incorrect date of the witness statement affect its admissibility? Also, how do I know when the papers were lodged with court? The Kent Police documents were printed on the 14th of February (just under 6 months) but the prosecutor's proof by written statement document is dated as the 5th of April 2018, which is more than 6 months after the incident.


Lastly, I have been asked to pay a £85 fine and to show income but I am a full-time student with no income and living with my parents so how would this work? Am I also eligible for free legal representation/help?
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post Fri, 6 Apr 2018 - 23:22
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mrmk
post Sat, 7 Apr 2018 - 17:05
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agtlaw on a different thread said this:

"Forget about the NIP for the time being.

If you have received a POSTAL REQUISITION and WRITTEN CHARGE then those things must be served on you within 6 months of the index offence. A copy must also be served on the court."

There's this too:

General rule s.127 Magistrates’ Court 1980

The prosecutor has to inform the magistrates’ court by issuing a charge, summons, postal requisition or a complaint within 6 months of an offence being committed. This rule means that the magistrates’ have no jurisdiction to deal with a case brought more than 6 months after a crime has occurred.


Other legislaton says the requisition must be served on the defendant and the court at the same time and it was served to me over 6 months after the accident - can I get the case thrown?
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southpaw82
post Sat, 7 Apr 2018 - 17:06
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I am aware of the law, funnily enough. I’ve just told you what I think.


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mrmk
post Sat, 7 Apr 2018 - 17:08
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QUOTE (southpaw82 @ Sat, 7 Apr 2018 - 18:06) *
I am aware of the law, funnily enough. I’ve just told you what I think.


Posted the previous bit before I saw yours. Why would it be rejected if it's law? Can I at least try and how would I go about doing this?
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southpaw82
post Sat, 7 Apr 2018 - 17:18
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QUOTE (mrmk @ Sat, 7 Apr 2018 - 18:08) *
QUOTE (southpaw82 @ Sat, 7 Apr 2018 - 18:06) *
I am aware of the law, funnily enough. I’ve just told you what I think.


Posted the previous bit before I saw yours. Why would it be rejected if it's law? Can I at least try and how would I go about doing this?

The courts haven’t accepted that it’s the correct interpretation of the law. I happen to think they’re wrong. You would make the argument much as you have here. If an appeal on that point is actually lodged ahead of your court appearance you could ask them to adjourn the case until it is determined, as it will answer the question one way or the other in your case too.


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peterguk
post Sat, 7 Apr 2018 - 17:42
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QUOTE (mrmk @ Sat, 7 Apr 2018 - 18:05) *
then those things must be served on you within 6 months


Served on you, or just raised/issued?


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cp8759
post Sat, 7 Apr 2018 - 17:44
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QUOTE (mrmk @ Sat, 7 Apr 2018 - 18:08) *
QUOTE (southpaw82 @ Sat, 7 Apr 2018 - 18:06) *
I am aware of the law, funnily enough. I’ve just told you what I think.


Posted the previous bit before I saw yours. Why would it be rejected if it's law? Can I at least try and how would I go about doing this?

You can try, and I am sure you would lose. Section 127(1) of the Magistrates’ Courts Act 1980 provides that: "Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose."

The word "issue" does not appear in the legislation, the requirement is that an information must be laid before the court (traditionally the first step in any prosecution) within six months. It is settled law that if an information is laid within six months, but the summons isn't issued / served until after the six month deadline, the proceedings are not time-barred, because the information was laid in time. The only difference with a postal requisition is that an authorised public prosecutor can issue a document which has the same effect as a summons themselves, rather than having to ask the court to grant process. Therefore whether it's a summons or a requisition, providing this document has been created within six months, section 127(1) is not a bar to prosecution.

The only angle I could think of is that, if the postal requisition was created but not served on the court named in the requisition within the six month deadline, section 127(1) should be interpreted to mean that if the court has not been made aware of the proceedings within six months, no prosecution can be brought no matter how the prosecutor started the prosecution, and therefore the prosecution should be deemed to be time-barred (I'm not sure if this would work but I suspect it would need a trip to the High Court if not the Court of Appeal). However as I understand it the police and CPS have electronic links to the court as they need to schedule the hearing of a requisition on a date the court has capacity, and they also have the ability to check the court's diary and book court time. Thus the overwhelming likelihood is that the requisition is transmitted to the court electronically on the day (and probably at the exact time) that it is issued.
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mrmk
post Sat, 7 Apr 2018 - 18:08
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QUOTE (peterguk @ Sat, 7 Apr 2018 - 18:42) *
QUOTE (mrmk @ Sat, 7 Apr 2018 - 18:05) *
then those things must be served on you within 6 months


Served on you, or just raised/issued?


agtlaw said served

QUOTE (cp8759 @ Sat, 7 Apr 2018 - 18:44) *
QUOTE (mrmk @ Sat, 7 Apr 2018 - 18:08) *
QUOTE (southpaw82 @ Sat, 7 Apr 2018 - 18:06) *
I am aware of the law, funnily enough. I’ve just told you what I think.


Posted the previous bit before I saw yours. Why would it be rejected if it's law? Can I at least try and how would I go about doing this?

You can try, and I am sure you would lose. Section 127(1) of the Magistrates’ Courts Act 1980 provides that: "Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose."

The word "issue" does not appear in the legislation, the requirement is that an information must be laid before the court (traditionally the first step in any prosecution) within six months. It is settled law that if an information is laid within six months, but the summons isn't issued / served until after the six month deadline, the proceedings are not time-barred, because the information was laid in time. The only difference with a postal requisition is that an authorised public prosecutor can issue a document which has the same effect as a summons themselves, rather than having to ask the court to grant process. Therefore whether it's a summons or a requisition, providing this document has been created within six months, section 127(1) is not a bar to prosecution.

The only angle I could think of is that, if the postal requisition was created but not served on the court named in the requisition within the six month deadline, section 127(1) should be interpreted to mean that if the court has not been made aware of the proceedings within six months, no prosecution can be brought no matter how the prosecutor started the prosecution, and therefore the prosecution should be deemed to be time-barred (I'm not sure if this would work but I suspect it would need a trip to the High Court if not the Court of Appeal). However as I understand it the police and CPS have electronic links to the court as they need to schedule the hearing of a requisition on a date the court has capacity, and they also have the ability to check the court's diary and book court time. Thus the overwhelming likelihood is that the requisition is transmitted to the court electronically on the day (and probably at the exact time) that it is issued.





Criminal Justice Act 2003 29 New method of instituting proceedings

If you read that then it says public prosecutors don't have the power to lay information and have tk do a postal requisition. With a postal requisition, it has to be ISSUED within 6 months - this is why I'm confused and need clarification (this legislation was actually updated recently on the government website to reflect the new process of a postal requisition rather than a summons


Somewhere it said the PR has to be served on me and the court at the same time - if it was served on me on the 5th of April then it would've been served to the court at the same time, thus surely putting it outside of the time limit?
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Jlc
post Sat, 7 Apr 2018 - 18:22
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You'd think so but the lower courts haven't accepted the argument yet. There's a case on here where the OP lost in very similar circumstances.


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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cp8759
post Sat, 7 Apr 2018 - 19:30
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QUOTE (mrmk @ Sat, 7 Apr 2018 - 19:08) *
Criminal Justice Act 2003 29 New method of instituting proceedings

If you read that then it says public prosecutors don't have the power to lay information and have tk do a postal requisition. With a postal requisition, it has to be ISSUED within 6 months - this is why I'm confused and need clarification (this legislation was actually updated recently on the government website to reflect the new process of a postal requisition rather than a summons

If you read The Criminal Justice Act 2003 (Commencement No. 32) Order 2014, you'll see that subsection 4 has not been brought into force, so s29(4) of the Criminal Justice Act 2003 has not yet come into effect and they can lay an information should they choose to. Not that that makes any difference to the point I was trying to make. Furthermore, section 30(5)(b) of the Criminal Justice Act 2003 provides that "any reference (however expressed) which is or includes a reference to an information within the meaning of section 1 of the Magistrates' Courts Act 1980 (c. 43) (or to the laying of such an information) is to be read as including a reference to a written charge (or to the issue of a written charge)", by applying this to section 127(1) of the MCA it is self-evident that the written charge must be issued within six months, there is no requirement for it to be served within six months. There is no point in arguing that issued = served, in my view if you try arguing this you are bound to lose.

QUOTE (mrmk @ Sat, 7 Apr 2018 - 19:08) *
Somewhere it said the PR has to be served on me and the court at the same time - if it was served on me on the 5th of April then it would've been served to the court at the same time, thus surely putting it outside of the time limit?

Really? Where does it say "at the same time"? CrimPR 7.4 seems to cover this and nowhere do I see that it says "at the same time".

The written charge must be issued at the same time as the postal requisition, but that certainly doesn't mean that the defendant and the court need to be served at the same time.

This post has been edited by cp8759: Sat, 7 Apr 2018 - 19:32
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The Rookie
post Sat, 7 Apr 2018 - 20:05
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Clearly two documents served by post at two different locations can never ever have been expetected to be served at the same time!


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mrmk
post Sat, 7 Apr 2018 - 20:36
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QUOTE (cp8759 @ Sat, 7 Apr 2018 - 20:30) *
QUOTE (mrmk @ Sat, 7 Apr 2018 - 19:08) *
Criminal Justice Act 2003 29 New method of instituting proceedings

If you read that then it says public prosecutors don't have the power to lay information and have tk do a postal requisition. With a postal requisition, it has to be ISSUED within 6 months - this is why I'm confused and need clarification (this legislation was actually updated recently on the government website to reflect the new process of a postal requisition rather than a summons

If you read The Criminal Justice Act 2003 (Commencement No. 32) Order 2014, you'll see that subsection 4 has not been brought into force, so s29(4) of the Criminal Justice Act 2003 has not yet come into effect and they can lay an information should they choose to. Not that that makes any difference to the point I was trying to make. Furthermore, section 30(5)(b) of the Criminal Justice Act 2003 provides that "any reference (however expressed) which is or includes a reference to an information within the meaning of section 1 of the Magistrates' Courts Act 1980 (c. 43) (or to the laying of such an information) is to be read as including a reference to a written charge (or to the issue of a written charge)", by applying this to section 127(1) of the MCA it is self-evident that the written charge must be issued within six months, there is no requirement for it to be served within six months. There is no point in arguing that issued = served, in my view if you try arguing this you are bound to lose.

QUOTE (mrmk @ Sat, 7 Apr 2018 - 19:08) *
Somewhere it said the PR has to be served on me and the court at the same time - if it was served on me on the 5th of April then it would've been served to the court at the same time, thus surely putting it outside of the time limit?

Really? Where does it say "at the same time"? CrimPR 7.4 seems to cover this and nowhere do I see that it says "at the same time".

The written charge must be issued at the same time as the postal requisition, but that certainly doesn't mean that the defendant and the court need to be served at the same time.




Blackstone's Handbook for Policing Students 2013





says the requisition will be sent to the person by post, and COPIES will be sent to the court named. requisition wasn't sent to me till after 6 months, so the copies to the court cant've either
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mrmk
post Sat, 7 Apr 2018 - 20:48
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Similarly here's what agtlaw said on a different thread




http://www.legislation.gov.uk/ukpga/2003/44/section/29


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peterguk
post Sat, 7 Apr 2018 - 21:02
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QUOTE (mrmk @ Sat, 7 Apr 2018 - 21:36) *
so the copies to the court cant've either


Instead of guessing, why not phone the court and ask?


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mrmk
post Sat, 7 Apr 2018 - 21:05
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QUOTE (peterguk @ Sat, 7 Apr 2018 - 22:02) *
QUOTE (mrmk @ Sat, 7 Apr 2018 - 21:36) *
so the copies to the court cant've either


Instead of guessing, why not phone the court and ask?


plan on doing that on monday when the phone line is open
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NewJudge
post Sat, 7 Apr 2018 - 21:05
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But you are still back to "Issued" does not equal "Served". In the Blackstone's passage (which is not the definitive legislation anyway) there are a couple of sentences about "issuing" followed by a final sentence concerning "serving" and "sending". There is no mention that the issuing and the serving/sending have to be concurrent.

As has been said, at least one question on here demonstrated that at least one Magistrates' Court does not agree that the requisition must be served on the defendant at the same time. It seems the advice on post #24 is the best for you.

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southpaw82
post Sat, 7 Apr 2018 - 21:15
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Have you been issued with a requisition or a single justice procedure notice?


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mrmk
post Sat, 7 Apr 2018 - 21:19
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QUOTE (southpaw82 @ Sat, 7 Apr 2018 - 22:15) *
Have you been issued with a requisition or a single justice procedure notice?


requisition
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southpaw82
post Sat, 7 Apr 2018 - 21:26
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And was the requisition issued at the same time as the written charge?


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andy_foster
post Sat, 7 Apr 2018 - 21:36
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QUOTE
(3) Where a relevant prosecutor issues a written charge and a requisition, the written charge and requisition must be served on the person concerned, and a copy of both must be served on the court named in the requisition.


If "issue" means "serve", the first part of this requirement would appear to be somewhat otiose.


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cp8759
post Sat, 7 Apr 2018 - 21:52
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QUOTE (mrmk @ Sat, 7 Apr 2018 - 21:36) *
...requisition wasn't sent to me till after 6 months, so the copies to the court cant've either

Why not? how do you know the police didn't send the documents to the court immediately, but only sent them to you after the six months had expired?
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