Plea of Guilty by Post Flashcards
Q: What is a plea of guilty by post?
Mag’s Court Act 1980- procedure for D to plead guilty by post.
Applies to summary offences started by summons or requisition in the mag’s court (s12(1)) or in youth court for those aged 16 or 17 (s12(2))
Q: How does a plea of guilty by post work?
Summons/requisition is served on D together with a ‘statement of facts’ and a prescribed form of explanation.
This allows D an opportunity to plead guilty and put forward any mitigation in his absence.
The magistrates’ designated court officer informs the prosecution of any written guilty plea when the court receive it.
Q: What form does a plea of guilty by post take?
The process will take the form of a single justice procedure notice, which can be used in any case where an adult is facing prosecution for a summary offence, which does not carry a custodial sentence.
Q: What types of offences will this be commonly used for?
Simple driving offences- speeding or driving without insurance.
There is a process where a printout from the DVLA is admissible as evidence of previous convictions for traffic offences without the need for the usual formalities that would apply to previous convictions.
Q: How will pleas of guilty be adjudicated?
Plea’s of guilty will be adjudicated upon by a single magistrate in a closed court session and the outcome will be sent to D detailing any fine or penalty imposed.
