Copy of plea form
You can;

plead guilty by post
plead guilty and attend
plead not guilty; you must attend
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Fine & Penalty Levels

Criminal Justice Act 1982;
The standard scale of fines for summary offences.

Level on the scale - Amount of fine

1 - £200
2 - £500
3 - £1,000
4 - £2,500
5 - £5,000

THE COURT WILL ADVISE YOU WHAT LEVEL APPLIES TO THE OFFENCE WITH WHICH YOU ARE CHARGED

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Action taken after a hearing

who will we tell
After a hearing we will inform the Traffic Commissioner and VI's Press and Publicity department. Either of which may publicise the outcome of the case.

The press office receives several calls each day in relation to cases in court. VI will only disclose information to the press prior to a hearing when the case can be identified using the case listings shown in the courts.

Statutory Declaration
Definition of Statutory Declarations: A defendant in a Magistrates Court may have the proceedings or an adjudication set aside if he makes a statutory declaration that the summons(es) had not come to notice until a date specified in the declaration (being a date after the court has begun to try the information). This declaration must be made and served within 21 days of that date.

Appeal

You can appeal against conviction (offence)
You can appeal against sentence (fine)
Either appeal option must be taken within 21 days of hearing.
The courts will advise on appeal procedures.

Re-open the case?
Definition of re-opening case

Section 142 of the Magistrates' Courts Act 1980 enables Magistrates' Court to re-open cases in order that mistakes be rectified including where the defendant has pleaded not guilty or been convicted in his absence. The Magistrates' Court may vary or rescind a sentence or other order imposed or made by it if it appears to the court to be in the interests of justice to do so.

This power however is not exerciseable in relation to any sentence or order imposed or made by it when dealing with an offencer if the Crown Court has determinded an appeal.

Where a person is convicted by a Magistrates' Court and is subsequently appears to the court that it would be in the interests of justice that the case should be heard again by different justices, the court may so direct.

However, again this power is not exerciseable in relation to a conviction if the Crown Court has determinded an appeal.

Previous convictions

Previous convictions are held for 5 years and can be quoted in future cases.
Conditional discharge can be quoted for 12 months.
Absolute discharge can be quoted for 6 months.

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Your Common Questions

Should I attend the Court?
If you have received forms that indicate that you can plea by post then you need not attend Court. You can advise the Court how you wish to plea and provide any mitigation you wish to put forward. However, this does not restrict you if you want to attend Court if you can do so. If however you receive a summons and letter of acknowledgement and there is no indication that you can plead by post, you must attend. If you are unsure how to plead, you may wish to seek legal advice.

What does this legal term mean?
link to legal glossary - coming soon

Should I be represented?
You do not have to be represented but can choose to be. Variable factors come into play and there is no one answer to this.

Should I plead guilty?
If you agree that the facts of the offence, as shown on the paperwork you have are accurate, then you should plead guilty. If you have reasons to explain the offence that should be put forward as accompanying information that the Court will consider. If you are unsure of this question you may wish to seek legal advice. If you do not agree with the facts of the offence as outlined you should plead not guilty.

Why am I being prosecuted?
The Vehicle Inspectorate has a number of functions which make up its core activities and support it's underlying aim of road safety. One such function is prosecution in Court. This will be pursued if the deciding officer in the case considers it is most appropriate action given due regard to all of the circumstances and the matter of public interest.

Can I have an adjournment?
You should seek permission for an adjournment with the particular Court where your case will be heard. You should be prepared to explain the reasons behind this request. It is at the discretion of the Court as to whether an adjournment is granted or not, although sometimes the prosecutors view is sought.

What do I do if I do not agree with previous convictions?
You should write to the PLS office detailing which specific previous convictions you do not agree with and why. The Vehicle Inspectorate will investigate these accordingly, and depending on the outcome, may alter the previous convictions shown.

Why are you prosecuting when I have a prohibition?
A prohibition notice is used to halt a vehicle which has compromised its road safety and this is a potential threat to the safety of the driver and other road users. A prosecution in court is sometimes deemed as appropriate action as this addresses the offence which has taken place which may or may not involve the vehicle prohibited or other parties than the driver of the vehicle.

Who is the deciding officer? I want to speak to this person.
Look at the reference number at the top of the summons take the first five numbers and refer to the contacts listed.

Can I settle out of Court?
If you dispute the facts of the case, you need to speak to the deciding officer. You can also make the deciding officer aware of any information, you may wish him/her to know. However once a case has been lodged with the Court there are no penalty alternatives.

Why are you not prosecuting all partners?
Where it is considered that all partners have joint responsibility and gain profit from the business, the Inspectorate can prosecute all partners but will usually prosecute one, usually the one that has been involved in the investigation of the office.

Will this affect my drivers/operators licence?
If the offence is endorsable (link to fine levels) you may well get points on your driving licence, and these like any other endorsable driving offence will contribute to a top up of points that could eventually lead to disqualification. If the offence is endorsable, a notice to bring your driving licence to Court should be included in the papers. The Traffic Commissioner may take action against your vocational driving licence. If you hold an operators licence and you are convicted of an offence, you are obliged to notify the Traffic Commissioner and he/she may decide to take action against your Operators Licence. You should contact your local Traffic Area Office if you wish to enquire about possible outcomes and procedures.

Awaiting link to Traffic Area Office.

What happens if I am found guilty?
If you are found guilty the Court will decide the penalty and any award of costs., Your driving licence may be affected, including the vocational part, the Traffic Commissioner has the authority to suspend or revoke it. In the same way if you hold an Operators Licence this too can be affected and the conviction will be on record for five years and can be quoted in any future prosecution case.

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Understanding the terminology used in legal proceedings

Absolute discharge
letting a convicted person go free without any punishment.

Conditional discharge
letting a convicted person go free with no punishment provided that they do not commit a crime for a period of time.

Indictable offence
serious offence which can be heard in a Crown Court (also known as a notifiable offence).

Laying information
starting criminal proceedings in a Magistrates Court by informing the Magistrates of the offence.

Sine die
without a date.

Statute
Established law

Statute Barred Date
is the date in which the informations must be laid in court e.g. within 6 months.

Stipendiary Magistrate
Magistrate who is qualified as a lawyer and is salaried.

Summary Offence
minor crime which can be heard in a Magistrates Court.

Summons
official command from a court requiring someone to appear in court to be tried.

Triable either way offence
offence which can be tried before the Magistrates Court or the Crown Court.

Witness
person called to give evidence.

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Forms
Many forms are issued throught the work of our Prosecution and Legal Services. These are listed here and samples are available for your information.