Use of mobile phone hearing miles away - can i m ove courts to one nearer me?Can I move the location of a Magistrates court hearing?

[D1ngle]

Hi,

Any advice appreciated.

I have checked but the search doesn't have the same circumstances.

I am pleading innocent to a mobile phone usage while driving charge.

The hearing is 150 miles from my house (3hr drive without traffic).

I had a hearing but missed it due to an accident causing a motorway closure.

The hearing has been rescheduled to Jan.

The petrol bill is higher than the fine for pleading guilty!

Is there anyway I can have the hearing moved to nearer my home?

and how?

 

Thank you for any advice.

 

D

[unclebulgaria67]

Have you asked the Magistrates court, as i believe it is up to them ?

If there was a definite process where you had the right to request a change of court, there would be info online.

[AndyOrch]

In County Court cases the defendant has a legal right to have the claim transferred to his local County Court...I would assume the same applies at Magistrate level.

 

Regards

 

Andy

[GrumpyToSayTheLeast]

I believe, but don't quote me, that it has to be heard in the court nearest to where the offence happened. I don't believe you can change courts for criminal prosecutions when heard in mag or crown court. They will tell you where to appear and you have to be there.

[citizenB]

 

The magistrates’ court

 

Magistrates’ courts deal with criminal and some civil cases, and cases are dealt with either by justices of the peace, who are unqualified and who are paid only expenses, or by District Judges (Magistrates’ Courts) who receive some payment. In Northern Ireland, cases are heard by paid magistrates only. Magistrates' courts usually only deal with cases which arise in their own area. In Northern Ireland, in exceptional cases, they can deal with offences that occur in a number of areas, for example, where several burglaries have been committed across a number of areas.

 

 

 

https://www.citizensadvice.org.uk/law-and-rights/legal-system/taking-legal-action/courts-of-law/

[havinastella]

Did you do it?

 

Entering a NG plea and being found guilty will result in costs near to £1000.

 

Be very careful.

[BazzaS]

It isn't as simple as for a county court case.

The CPS file might need to be transferred to a different office.

Are there any prosecution witnesses? They would have to travel, and I doubt the Police Service would want their officers travelling unnecessarily.

 

So, you can ask. Just don't expect your request to be accepted.

 

(Pedantic : you aren't pleading innocent, you don't have to prove yourself innocent. You are pleading "not guilty")

If found not guilty, ask for your costs.

If found guilty : expect costs as previously mentioned by other respondents.

[AndyOrch]

I believe, but don't quote me, that it has to be heard in the court nearest to where the offence happened. I don't believe you can change courts for criminal prosecutions when heard in mag or crown court. They will tell you where to appear and you have to be there.

 

https://www.citizensadvice.org.uk/law-and-rights/legal-system/taking-legal-action/courts-of-law/

 

It isn't as simple as for a county court case.

The CPS file might need to be transferred to a different office.

Are there any prosecution witnesses? They would have to travel, and I doubt the Police Service would want their officers travelling unnecessarily.

 

So, you can ask. Just don't expect your request to be accepted.

 

(Pedantic : you aren't pleading innocent, you don't have to prove yourself innocent. You are pleading "not guilty")

If found not guilty, ask for your costs.

If found guilty : expect costs as previously mentioned by other respondents.

 

Forgive me I didn't realise it was prosecution....Read the post rather than the thread title in future

[D1ngle]

Thanks all, I'll request but won't hold my breath.

I'm 100% not guilty.

I have a clean license and no reason to fight it.

I was offered a £60 course and then a £100 fine.

Lawyers said take the fine, but I didn't do it so refuse to plead guilty just because they bias the system to make you state guilt when you're not!

There is one police witness (5+ months old statement) saying my phone was to my ear, buts it's a 50mph road just off a motorway where they were catching speeders.

I have an automatic car with an arm rest and was leaning my head on my hand.

I have in and out phone records Etc.

Its meant to be innocent until proven guilty, but based on one persons say so I can't see how they can prove guilt.

It's a magistrates though and they don't side with defendants much and from what I hear the burden doesn't seem to be on prosecution to prove my guilt, but defendants their innocence!

I refuse to plead guilty when I didn't do it though.

If I get the £1000 fine then so be it.

I'm defending myself as a lawyer would have cost more than the fine!

Also as for costs The costs have just been lowered from the 24th Dec right?

There is no longer the up to £1000 courts charge cost from the 24th Dec?

They scrapped it due to making people plead guilty when innocent.

The fine for guilty of mobile phone use is £1000, but the court fees won't cost that.

£2000 could hurt....