Single justice procedure

Last updated

The single justice procedure (SJP) was introduced by the Criminal Justice and Courts Act 2015 in England and Wales. [1] Under this procedure a single magistrate with a legally qualified adviser, can try minor non-imprisonable offences without a court hearing, unless the defendant chooses to attend a hearing in court.

Contents

Procedure

Under this procedure a single magistrate, supported by a legally qualified adviser, tries adult, summary-only, non-imprisonable offences, by adults or companies, without a court hearing, if the defendant has either pleaded guilty, or not responded to notification of prosecution. The defendant can instead choose to attend a hearing in court. [2] [3] The government states that the procedure is designed to be an accessible, speedy, effective and more efficient means of delivering justice when dealing with the most minor summary offences, [4] but it has been criticised.

Scope

Typical offences dealt with via this means include minor road traffic offences such as speeding and driving without insurance, TV licence evasion and similar matters. [4] It was also used to prosecute breaches of lockdown rules during the COVID-19 pandemic. [5] Defendants receive notice of the charge by post, including a statement setting out the facts of the offence, and guidance about what next steps to take, including their rights to legal representation. They have the option to plead guilty by post, online or to ask for a court hearing in person. If a defendant pleads "not guilty" their case will be transferred out of the single justice procedure process, and listed for a in-person court hearing in the usual manner. Those pleading guilty, or those who do not respond to the initial notice within 21 days, will have their cases dealt with by a single justice of the peace based on the submitted paperwork alone, without either the prosecutor or defendant being present in person. [4] [1]

Approximately 535000 cases were heard in magistrates' courts in England and Wales via this procedure in 2020. [4] The prosecution must prove their case beyond reasonable doubt, and their written case must satisfy exactly the same rules as would be expected in open court. [1] typically, prosecutions are brought by the Crown Prosecution Service, but the process is also used to bring private prosecutions by, for example, train companies and the TV Licensing company.

According to HM Courts and Tribunals Service (HMCTS), "Between 1 April 2019 and 30 September 2023, 3,102,392 criminal cases were received into the Single Justice Service, which includes 609,164 receipts through the reformed digital service". [2]

Advantages and criticisms of the single justice procedure

HMCTS argue that the single justice procedure "is not a radical new innovation, but a modification of existing procedures dating from the Magistrates' Court Act 1957". [4] The procedure frees up time for the Crown Prosecution Service and the magistrates' courts to focus on more serious and complex offences, and enables defendants to plead guilty and have their cases heard by a magistrate, without having to go to court. [4] However criticisms have been made that the process is not adequately transparent, with it happening largely behind "closed doors", [6] and some concerns were raised during the Coronavirus pandemic over the dilution of legal advice to magistrates after it had emerged that magistrates were being required to share access to a single legal adviser over the phone or via MS Teams. [7]

HMCTS has published a protocol on sharing court lists, registers and documents with the media, with a section dealing specifically with the SJP. [8] It sets out an approach to circulating lists of pending SJP cases, verdicts (results/register) and sentences, and makes clear that accredited journalists should be provided with the prosecution statement of facts and exhibits, and any defence representations in mitigation, subject to judicial restrictions that may prohibit it, in the same way as for any magistrates' court hearing. Members of the general public must apply for judicial adjudication if they request this information. [8]

The Magistrates' Association says that the SJP needs reform "if it is to be seen as fair and transparent", citing flaws in the way it operates that can "harm … some of society's most vulnerable people". Proposed improvements to the system as implemented as of 2024 include requiring all defendants' pleas and mitigations to be heard by prosecutors before the hearing, and elimination of the effect of time pressure on decisions. [3]

In 2024 Judge Goldspring, the Chief Magistrate for England & Wales ruled the use of SJOs by rail companies to be unlawful, saying "parliament did not envisage" train fare offences being prosecuted using SJPs. Four UK railway companies were found accountable for using SJPs unlawfully. Both Northern Trains and Greater Anglia have both acknowledged their involvement. Judge Goldspring estimated up to 75,000 convictions will be overturned and refunded by his ruling. [9] [10]

Related Research Articles

<span class="mw-page-title-main">Arraignment</span> Formal reading of the offence to a criminal defendant

Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the criminal charges against them. In response to arraignment, in some jurisdictions, the accused is expected to enter a plea; in other jurisdictions, no plea is required. Acceptable pleas vary among jurisdictions, but they generally include guilty, not guilty, and the peremptory pleas setting out reasons why a trial cannot proceed. Pleas of nolo contendere and the Alford plea are allowed in some circumstances.

In jurisprudence, double jeopardy is a procedural defence that prevents an accused person from being tried again on the same charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. Double jeopardy is a common concept in criminal law – in civil law, a similar concept is that of res judicata. The double jeopardy protection in criminal prosecutions bars only an identical prosecution for the same offence; however, a different offence may be charged on identical evidence at a second trial. Res judicata protection is stronger – it precludes any causes of action or claims that arise from a previously litigated subject matter.

<span class="mw-page-title-main">Jury trial</span> Type of legal trial

A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.

A plea bargain is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or nolo contendere. This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.

The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

<span class="mw-page-title-main">Crown Prosecution Service</span> Principal public agency for conducting criminal prosecutions in England and Wales

The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.

<span class="mw-page-title-main">Prosecutor</span> Legal profession

A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.

<span class="mw-page-title-main">Crown Court</span> Court of first instance of England and Wales

The Crown Court is the criminal court of first instance in England and Wales responsible for hearing all indictable offences, some either way offences and appeals of the decisions of magistrates' courts. It is one of three Senior Courts of England and Wales.

A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or on indictment. In the United States, an alternative misdemeanor/felony offense lists both county jail and state prison as possible punishment, for example, theft.

<span class="mw-page-title-main">Regulation of Railways Act 1889</span> United Kingdom legislation

The Regulation of Railways Act 1889 is an Act of the Parliament of the United Kingdom. It is one of the Railway Regulation Acts 1840 to 1893. It was enacted following the Armagh rail disaster.

<span class="mw-page-title-main">Magistrates' court (England and Wales)</span> Lower court in England and Wales

In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

Summary jurisdiction, in the widest sense of the phrase, in English law includes the power asserted by courts of record to deal brevi manu with contempts of court without the intervention of a jury. Probably the power was originally exercisable only when the fact was notorious, i.e. done in presence of the court. But it has long been exercised as to extra curial contempts.

<span class="mw-page-title-main">Committal procedure</span> Replacement of earlier grand jury process except in US

In law, a committal procedure is the process by which a defendant is charged with a serious offence under the criminal justice systems of all common law jurisdictions except the United States. The committal procedure replaces the earlier grand jury process.

<span class="mw-page-title-main">Judiciary of Israel</span> Part of the article of the series of government of Israel

The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.

<span class="mw-page-title-main">Magistrates Court of South Australia</span> Lowest level court in South Australia

The Magistrates Court of South Australia is the lowest level court in the state of South Australia. The Magistrates Court, then known as the Court of Petty Sessions, was established in 1837, by the Court of Sessions Act 1837. It has both original and appellate jurisdiction and hears matters specified in the Magistrates Court Act 1991 (SA).

<span class="mw-page-title-main">Juries in England and Wales</span> Law of trial by jury in England and Wales

In the legal jurisdiction of England and Wales, there is a long tradition of jury trial that has evolved over centuries. Under present-day practice, juries are generally summoned for criminal trials in the Crown Court where the offence is an indictable offence or an offence triable either way. All common law civil cases were tried by jury until the introduction of juryless trials in the new county courts in 1846, and thereafter the use of juries in civil cases steadily declined. Liability to be called upon for jury service is covered by the Juries Act 1974.

Following the common law system introduced into Hong Kong when it became a Crown colony, Hong Kong's criminal procedural law and the underlying principles are very similar to the one in the UK. Like other common law jurisdictions, Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Viscount Sankey once described this principle as a 'golden thread'. Therefore, knowing this principle is vital for understanding the criminal procedures practised in Hong Kong.

A legal adviser, formerly referred to as a justices' clerk or clerk to the justices is an official of the magistrates' court in England and Wales whose primary role is to provide legal advice to justices of the peace.

<span class="mw-page-title-main">Magistrate (England and Wales)</span> Legal office held by lay people in England and Wales

In England and Wales, magistrates are trained volunteers, selected from the local community, who deal with a wide range of criminal and civil proceedings. They are also known as Justices of the Peace. In the adult criminal court, magistrates decide on offences that carry up to twelve months in prison, or an unlimited fine. Magistrates also sit in the family court where they help resolve disputes that involve children, and in the youth court, which deals with criminal matters involving young people aged 10-17. Established in the 14th century, the magistracy is a key part of the judiciary of England and Wales, and it is a role underpinned by the principles of 'local justice' and 'justice by one's peers'.

The Lammy Review is a 2017 review on discrimination within the policing and criminal justice systems in the UK, led by David Lammy and commissioned by David Cameron and Theresa May. The Lammy Review found significant racial bias in the UK justice system.

References

  1. 1 2 3 "Criminal Justice and Courts Act 2015". Legislation.gov.uk. Retrieved 18 February 2023.
  2. 1 2 "Fact sheet: Single Justice Service". HM Courts and Tribunals Service, GOV.UK. 7 March 2024.
  3. 1 2 Hall, Rachel; Kersley, Andrew (15 April 2024). "'She wants to go to school': parents of unwell child fear truancy prosecution". The Guardian.
  4. 1 2 3 4 5 6 Jones, Siân (26 October 2021). "Explaining the Single Justice Procedure in the magistrates' court". Inside HMCTS (blog). HM Courts & Tribunals Service, Ministry of Justice.
  5. ↑ BBC News https://www.bbc.co.uk/news/articles/cyx0p18kq74o
  6. ↑ Kirk, Tristan (2022-11-14). "Secret courts: apology over 1,000 cases held behind closed doors". Evening Standard. Retrieved 2023-02-18.
  7. ↑ "Cutback in magistrates' legal advice 'to hit justice'". uk.movies.yahoo.com. Retrieved 2023-02-18.
  8. 1 2 "Protocol on sharing court lists, registers and documents with the media (accessible version)". HMCTS, GOV.UK. 6 March 2024.
  9. ↑ BBC News https://www.bbc.co.uk/news/articles/cyx0p18kq74o
  10. ↑ Gregory, Andy (15 August 2024). "'Tens of thousands of train fare prosecutions to be quashed after court ruling". The Independent.[ dead link ]
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.