Blue badge fraud prosecution Options

[Learco]

Hello,

I was caught using a blue badge fraudulently and interviewed under caution.

I was told if the council legal department decided to prosecute me this would take ages due to the pandemic.
There is a current backlog of two years.

I would like to know if the first piece of correspondence to be received would be the actual summons or would the council legal department write to me stating that they will prosecute me?

Also is a sentence likely to be a bit less if some years pass between being caught and having the court appearance.

FYI I would plead guilty

Thanks

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[TMC Towcester]

Impossible to 2nd guess one council let alone them all!1

As the Police have cautioned you, I'd assume a summons will follow - but only if the Council takes it to court. They may offer some sort of 'fine' and if you accept, there's no court case.

If the backlog is indeed 2 years (and maybe growing!) -you've answered your own question?

The 'punishment' has no relevance to the time taken (unless you're on remand!!)

[Learco]

It was the council officer who interviewed me at the council parking premises when I picked up my car after it had been towed.

[andy_foster]

As an offence contrary to s. 117(1) RTRA 1984 is only triable summarily, it would seem that a 2 year backlog might be relevant (noting that that the 6 month [almost certainly] starts from when sufficient information came to the attention of the prosecutor).

[cp8759]

As an offence contrary to s. 117(1) RTRA 1984 is only triable summarily, it would seem that a 2 year backlog might be relevant (noting that that the 6 month [almost certainly] starts from when sufficient information came to the attention of the prosecutor).

That section seems to cover purported (i.e. fake) badges, rather than fraudulent misuse of a legitimate badge. I believe fraudulent use of a legitimate badge is dealt with as fraud by false representation, which is obviously an either-way offence so there is not statutory time limit as such. The reason for this is that the act of displaying the badge is a fraudulent misrepresentation (because you're dishonestly representing that you're entitled to something that you're not entitled to).

[Logician]

As an offence contrary to s. 117(1) RTRA 1984 is only triable summarily, it would seem that a 2 year backlog might be relevant (noting that that the 6 month [almost certainly] starts from when sufficient information came to the attention of the prosecutor).

That covers the most common types of blue badge fraud, but other types of misuse may be prosecuted under s.1 Fraud Act 2006, that would cover use of a badge issued to a person subsequently deceased, a stolen badge or a counterfeit badge.

[Learco]

I would be prosecuted under the fraud act 2006.

Another question I had how much added value does a solicitor add if one is pleading guilty anyway?
I was told by the council officer that if prosecuted this would be dealt with by post, single procedure justice, which surprised me as I thought something like fraud they would expect a court appearance.

[cp8759]

Do you have any meaningful mitigation to put forward?

[Learco]

Do you have any meaningful mitigation to put forward?

In terms of the sentence? I care for a chronically ill wife and 86 year old father so would rather have a fine than community service.

[cp8759]

Do you want to go to court to put your mitigation forward in person, or do you want to send in a letter?

There isn't much point in paying for a solicitor, mitigation normally comes across better if it's first hand.

[southpaw82]

If a long time has elapsed between the offence and sentencing, which is not due to the offender, then the court should take that into account as mitigation.

[Learco]

Do you want to go to court to put your mitigation forward in person, or do you want to send in a letter?

There isn't much point in paying for a solicitor, mitigation normally comes across better if it's first hand.

I would prefer by letter for one reason only, namely to avoid having the local press taking my photo.

However if a letter is not considered properly compared to a court appearance I would rather go even if my pic is taken.

What do you suggest? Do they take offender letters seriously?

[southpaw82]

Are the local press known for taking photos of people accused of relatively minor offences?

[Learco]

Are the local press known for taking photos of people accused of relatively minor offences?

Not in this city as there always loads of murders, sexual crimes etc etc.
A scan on Google shows they have two articles on bb offending over the last five years so could take
my chances I guess.

[notmeatloaf]

Most local papers have no money nowadays so unless you're a celebrity it would seem unlikely you will be papped. Most papers reprint cases though because it's very cheap, so likely you will be searchable.

Unless you work in a regulated profession it will likely be inconsequential though.

[cp8759]

Most local papers have no money nowadays so unless you're a celebrity it would seem unlikely you will be papped.

+1, you don't need to worry about that unless you're a celebrity / politician etc.

[Learco]

I am planning on representing myself and I was wondering when is mitigation mentioned in the proceedings.
Can i state that due to my personal situation (carer) I would much prefer a high fine compared to a tag and or Community Service or would
the magistrates get upset at such a request?

[southpaw82]

I am planning on representing myself and I was wondering when is mitigation mentioned in the proceedings.
Can i state that due to my personal situation (carer) I would much prefer a high fine compared to a tag and or Community Service or would
the magistrates get upset at such a request?

After you are convicted.

I wouldn’t phrase it as “I’d prefer” but you can put forward reasons for a fine over any other form of punishment if you wish. If the guidelines say a community order though, it’d need to be pretty compelling reasons.

[Learco]

I am planning on representing myself and I was wondering when is mitigation mentioned in the proceedings.
Can i state that due to my personal situation (carer) I would much prefer a high fine compared to a tag and or Community Service or would
the magistrates get upset at such a request?

After you are convicted.

I wouldn’t phrase it as “I’d prefer” but you can put forward reasons for a fine over any other form of punishment if you wish. If the guidelines say a community order though, it’d need to be pretty compelling reasons.

I am assuming the sentence will be passed immediately so is there a stage about the conviction and a stage where punishment is discussed?
I will chat to the duty solicitor if he is available to clarify the above but I know sometimes they are not around.

[The Rookie]

I am assuming the sentence will be passed immediately so is there a stage about the conviction and a stage where punishment is discussed?
I will chat to the duty solicitor if he is available to clarify the above but I know sometimes they are not around.

Once your guilt is established (pleaded or found guilty) and before they sentence you you are asked if you have anything else to say. It's not 'immediately' no, it's a few minutes later!