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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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FPN for littering (dropped a cigarette) - Now Single justice procedure (FPN out of time?)


terrence
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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?

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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.

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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.

 

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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:

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):

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 by Man in the middle
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