Statutory declaration, speeding, failure to disclose details phone hearing, Need help Options

[albie01]

Hello, so I have a phone hearing next week to make a statutory declaration regarding an offence in which I was caught travelling 35mph on a 30mph Road last May. I first heard about this case in February this year after recieving a text about a fine I was due to pay. So I rang up and found out I had been caught speeding and it had later gone to court in my absence and I’d been convicted of speeding and failure to disclose driver details. The NIP was sent to my ex’s address and he didn’t pass the post on. I had had a forwarding address in place for a couple of months after I moved but due to circumstances must have forgotten to change my log book address over. So I have heard that you can make a bargain and I was intending to do this on the day as I understand I can do this in court by talking to the prosecution beforehand or speak in court and ask about pleading guilty to the speeding charge and dropping the failure to disclose details. My question is now it is over the phone whether I can still make a deal. It’s being heard by just a legal advisor- I’ll do my statutory declaration and then be asked to make a plea. Any advice? I have received the whole pack of evidence along with forms of pleas but been told I don’t need to fill these out. My hearing is next week on the phone so the court suggested I get in touch with the traffic department to see if I can make this arrangement or speak to the legal advisor on the day. Anyone else know how this goes on phone?

[Advertisement]

[Jlc]

When they ask you submit a plea during the SD you can ask them there and then whether they are prepared to drop the s172 in exchange for a guilty plea to the speeding.

It is notoriously hard to do anything in advance...

If this is not an option then plead not guilty to both charges for now.

[NewJudge]

...and it had later gone to court in my absence and I’d been convicted of speeding and failure to disclose driver details.

Are you sure about that? How did they know you were driving?

It’s being heard by just a legal advisor...

Are you sure about that as well?

[albie01]

Thank you both for your advice.

I am aware it was £660 fine and 6 points so I feel it was failure to notify driver details. I know this will be made void once the statutory declaration has been accepted. And it will be heard by a legal advisor I was told over the phone by the court official as it is a phone hearing. Apparently they take a plea so they know how it will be handled next.

[IanJohnsonWS14]

It’s being heard by just a legal advisor...

Are you sure about that as well?

I read it as the stat dec is being heard by.......

Is that correct?

[southpaw82]

It’s being heard by just a legal advisor...

Are you sure about that as well?

I can’t see why that couldn’t happen (whether it should is another matter) - as a qualified lawyer they are a commissioner for oaths. Not that I’ve ever done one by phone!

[albie01]

Need some more help. So I did the statutory declaration with the legal advisor. They said I should fill out the form and mention not guilty for the failure to notify and guilty for the speeding and ask for the failure to notify to be withdrawn in light of guilty speeding plea on the form. She said in 99% of cases it is withdrawn the the guilty plea for speeding accepted and dealt with. So I did as advised after asking about being able to make a plea bargain and sent form off. Have I done the right thing? And is it possible the failure to notify will be withdrawn after pleading guilty to speeding? It now goes to a SJP hearing on 22nd July. what will the outcome likely be? Or can I instead call up and ask to attend in person or to change my plea ? Is it possible to do that and can the court do that?

This post has been edited by albie01: Mon, 22 Jun 2020 - 14:57

[cp8759]

I would disregard that advice, you should only plead guilty to speeding once the prosecutor has agreed to drop the s172 in exchange for your guilty plea. We had a case last year where someone simply assumed that the s172 would be dropped, they pleaded guilty to speeding, at which point the prosecutor said words to the effect of "thank you very much, we'll proceed to trial for the s172 offence" at which point no defence was available.

[albie01]

Is it possible to change a plea once I’ve sent the form off for single justice procedure hearing then or ask for a full hearing instead? I presumed with the legal advisor suggesting to do that it would work.

[cp8759]

My understanding is that you can contact the court to change your plea.

[albie01]

I wanted to update you all so others know what to expect and I wanted to thank everyone on this forum for the wealth of information there is on here. So I received in the post today a £100 and 3 points for speeding after a single justice procedure. They decided to withdraw the failure to notify driver details charge without me having to attend court so I’m celebrating.

All I had done on my forms after making my statutory declaration via the phone due to coronavirus was to plead guilty for speeding and not guilt for failure to notify and write in the box to ask for it to be withdrawn in light of the speeding guilty plea. Thank you for all your help!

[southpaw82]

And costs?

[albie01]

It was £70 and £30 victim surcharge

[dawmdt]

It was £70 and £30 victim surcharge

Looks like they took pity on your circumstances and gave you the "FPN equivalent" sentence