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Full Version: Summons received 10 days before court date???
FightBack Forums > Queries > Speeding and other Criminal Offences
ymx
What is the legal rights on this!

I would of thought they would have to give you 28 days before the court apperance?

I have 10 days 7 days excluding the weekend and if i dont send of whether im guilty or not guilty to the magistrates 7 days before the trial then i will be convicted in my absence!!

I will send the details of the summons later but for now i am unhappy about the short notice for this!!

P.S. The summons is dated the 22nd of August and I recieved it on the 21st of September!! Is this right?? Did the police do this on purpose!!
The Rookie
The first date is just for pleading (you can do so by post) if you plead not guilty then a trial date will be set for about a months time.

Its not uncommon for summonms to be delivered quite late (although there are no rules on this), its possible to contact the courts and point out the short timescale and ask for an adjournment which will often be granted, arguably it could be contrary to art 6.1 of the ECHR as it would inhibit your ability to get legal advice and therefore could prevent you getting a fair trial.

Simon
ymx
Thnks mate im goin to give them a ring tommoro mornin hopfully fingers crossed i will get it adjourned.

How do i go about getting legal advise??? plus i heard somewhere about legal aid where do i go from there??
The Rookie
Legal aid is not usually available for motoring offences, as we know diddly squit about what your summons is for then I can't help any further until you tell us. If its speeding or red light cam, then complete the NIP wizard you read about in the "READ THIS FIRST - BEFORE POSTING" sticky.

Simon
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