FPN for littering (dropped a cigarette) - Now Single justice procedure (FPN out of time?)

[terrence]

Good afternoon everyone,

on the 10th of may this year I was given a FPN for littering (dropped a cigarette) .Wrong I know but there you go.

Through out the summer I spend a lot of time away from home at our holiday home.

whilst I was away 2 reminders were sent to me and to honest I totally forgot about it,

last week I received a SJP ,

what I need to know is the time limits on these,

the information is  

• Offensive committed  on 10th may ,
• postings date 30th November,
• charge date 30th November,
• this over the 6 month deadline

could anyone clarify this please as

I have limited time to respond to the notice and should I seek legal advice if it's out of time,

thanks 

[dx100uk]

thread title updated.

where are you reading if an FPN for littering is outside of 6mts they cant now do court?

why dont you just get on and pay it? £150 i think (was £75) ?

sadly there is not alot you can do about the ignored reminders now.

you could plead not guilty to the SJP and goto a later court hearing, but then you'd expose yourself to almost doubling again the sum you currently owe if not more!

dx

[terrence]

Any SJP has to be laid before the courts within 6 months of the date of offence, that’s the rule on the government website even for littering 

[honeybee13]

@Man in the middle may be able to shed some light on this,  if he's able to get here. He's good on court rules.

HB

[terrence]

Many thanks HB

[Ethel Street]

1 hour ago, terrence said:

on the 10th of may this year I was given a FPN for littering (dropped a cigarette) .

So just for confirmation please. Do you agree that you accepted a FPN  on 10th May? But then did not pay the penalty amount? How much was the FPN amount? 

[Man in the middle]

The offence is a "summary" offence, meaning it can only be dealt with in the Magistrates' Court.

With a few exceptions (which do not apply here) court proceedings for summary offences must begin within six months of the date of the alleged offence.

Those dealt with under the "Single Justice" procedure are begun with a "written charge" (which goes to the court) and an SJPN (which goes to the defendant).

The legislation (s.29 Criminal Justice Act) says that these should be issued "at he same time". 

What is the date on your SJPN?

[terrence]

Hi thanks for replying,

the posting date is 30th November 23 ,

charge date also 30 th November 2023

I accepted the FPN but went away a few days later and pretty much forgot about it

the fine was £75 

[Man in the middle]

7 minutes ago, terrence said:

Hi thanks for replying, the posting date is 30th November 23 , charge date also 30 th November 2023

Then perhaps a puzzled phone call or eMail to whoever issued it, to establish on what basis they have begun court proceedings outside the statutory six month time limit.

[BazzaS]

The key question is “what date was this laid before the court?”

it is possible it was out of time, but equally, what if it were passed to the court in time but the court was delayed in issuing it?

(So, as an example, if laid before the court 9th November, just “in time” and then the court took until the 30th to issue the paperwork).

[Man in the middle]

Under the "Single Justice" procedure the court does not issue any paperwork - that is the responsibility of the prosecutor.

The prosecutor must raise a "written charge". This is the equivalent of "laying an information" with the court. He must also issue an SJPN. This is the equivalent of a summons or postal requisition. The legislation says these should be issued "at the same time".

Whilst there may be a momentary difference  between the time these two are issued there should be no substantial difference. This means that if the OP's SJPN has a date of 30th November, the accompanying written charge should have the same date.

This seems to be confirmed as the OP says he has a "charge date" of 30th November. - which appears to be out of time.

 

[terrence]

Man in the middle, thanks for the info,

that’s the information I’ve been struggling to find anywhere on line,

after the weekend I shall telephone the local authority and ask them to withdraw the charges on the basis they are out of time

I shall also offer to pay the FPN I was issued and hopefully draw it to a conclusion.

I will update when I have more information ,

many thanks 

[Man in the middle]

1 hour ago, terrence said:

I shall also offer to pay the FPN I was issued and hopefully draw it to a conclusion.

I would be a bit careful about how you phrase that. If your prosecution is indeed out of time (and from what you say it certainly appears to be) the council has no further alternatives. I would firstly get their view on the legality of their prosecution. Make absolutely sure of the date of the "written charge" which they sent to the court. If it is later than 10th November, ask them if they are aware of the provisions of Section 127 of the Magistrates' Court Act (which provides the "six month" rule) and how they believe a Magistrates' Court will deal with their prosecution:

Magistrates’ Courts Act 1980

WWW.LEGISLATION.GOV.UK

---

An Act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates’ courts and the functions...

If it is earlier than 10th November (Making it considerably earlier than the date on your SJPN) ask them to explain why the two were not issued "at the same time" as required by Section 46 of the Criminal Justice and Courts Act (note 46.3):

Criminal Justice and Courts Act 2015

WWW.LEGISLATION.GOV.UK

The prosecution is either in time (and so is lawful) or it is late (and so is unlawful). There is no reason why you should give them an incentive to decide one way or the other. Making an offer to pay the FP might give them the impression you are unsure of your ground. There is no need to be adverserial about this. They should be able to answer your questions quite readily.

Edited December 9, 2023 by Man in the middle