The Court Process
Summons
A summons is a legal document issued by a court addressed to a defendant in a legal proceeding. Typically, a summons will announce that the person to whom it is directed that a legal proceeding has been started against them, a file has been started in the court records and it announces a date by which the defendant(s) must either appear in court, or respond in writing to the court.
Laying an information
The term laying simply means a prosecuting authority.ie the Police, applying for a summons. In the old days an officer had to go to court and on oath verbally put the application to the magistrates. In modern times this is now done electronically from the police IT systems to the Court IT systems.
Section 1 of the Magistrates Courts Act 1980, as amended by section 31 of and Schedules 30 and 31 to the Criminal Justice Act 2003, provides the procedure whereby summons or warrant may be issued by the court.
On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue-
(a) A summons directed to that person requiring him to appear before a magistrates' court to answer the information, or
(b) a warrant to arrest that person and bring him before a magistrates' court
Service of a summons issued by a justice of the peace on a person other than a corporation may be effected: -
a) By delivering it to the person to whom it is directed; or
By leaving it for him with some person at his last known or usual place of abode; or
(a) By sending it by post in a letter addressed to him at his last known or usual place of abode.
This should look familiar as it is similar to the rules of service for the NIP-but without the 14-day limit
Time Limits
Section 127 of the Magistrates' Courts Act 1980 provides that "summary only" offences (those which are triable only in the magistrates' court) must be tried within six months of the offence being committed.
Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.
This is major headache for the prosecution. Because of the statutory response times it is sometimes not possible lay the information within this period. Given the right circumstances this can be this can be an effective way to avoid a summons. More about this later
Your options if you get a summons
You can either respond to the summons or you can ignore it. If you respond to it you have basically three options. These are as follows: Guilty, Guilty with Mitigation and Not Guilty
Guilty
This means that you admit the offence. In most cases the court will be able toFinalise the proceedings without you personally attending court. Howeveryou may attend court if you wish No police witnesses will attend the court.
Guilty with Mitigation (Mitigation means reason/excuse)
This means that the offence is admitted but you feel you had a good reason for committing the offence. The opportunity will be given for you to explain this in writing without having to attend court. You may however attend court if you wish. No police witnesses will attend the court.
Not Guilty
This means that you deny the offence as set out in the Conditional Offer. If a summons is issued, you will be required to attend court to give your evidence.The evidence will be heard by the court and police witnesses will only attend if they are requested to do so if a guilty verdict is passed you may have to pay the costs. Police witnesses may attend the court. The court may impose additional costs if witnesses are called.
So the choice is yours. If you admit the offence you will be convicted and fined.
The current guidelines indicate a minimum of £60 plus the dreaded 3 points. This does NOT include the prosecution costs, which can be anything from £30 to £50 depending on the court area.
This fine level is the same for failing to provide Information as it is for excessive speed.
If you contest the case and lose you will incur further additional prosecution costs and you can also expect an increased fine as remember the fine set at £60 is the minimum.
click here(fines Table)
You could also ignore the summons
Generally this is not to be recommended as it could mean in an increase in fines. Also there is a possibility that a warrant may be issued for your arrest to secure your attendance at court.
However the issue of a warrant for minor motoring offences as an option is rapidly falling out of favour. The government intention is to reduce the numbers of warrants particularly warrants with bail as these places an enormous burden on an already stretched criminal justice system The magistrates are only likely to issue a warrant if they are considering disqualifying the driver e.g. the driver is on 9 points.
Have look at this chart. It contains a simplified form of what happens at court(powerpoint needed)
The courts are moving towards dealing with cases in the absence of defendant and convicting them rather than delay the process by issuing a warrant. This alternative is called a Trial in Absence
More on ignoring the summons and NIPs via the advice page
- Whats it like in a court?- take this Court Virtual Tour
- If you want to represent yourself you are entitled to have a Friend to give you assistance.He does not have to be a qualified solicitor but if this is the case he/she cannot address the Court but can take notes and advise you on your defence
- click MaKenzie Friend
If you have liked what you have learned on this site please remember these issues take a good deal of time,effort and maintenence, please consider making a donation via this link :-