If you have received a Single Justice Procedure Notice (SJPN) in the post you may be unsure what it means or what you need to do next. This guide explains exactly what an SJPN is, how the process works and why how you respond could be the difference between a criminal record and a clean outcome.
What is a Single Justice Procedure Notice? An SJPN is a legal document issued by a prosecutor such as a train operating company or their legal agents which formally charges you with a criminal offence. In fare evasion cases the offence is typically travelling without a valid ticket under Section 5(3)(a) of the Regulation of Railways Act 1889, travelling with intent to avoid paying the fare under Section 5(1) of the same Act or fare evasion under the Railway Byelaws 2005. The SJPN was introduced to deal with minor criminal matters without requiring a full magistrates’ court hearing. Instead a single magistrate reviews the case on the papers without you being present and can convict and sentence you in your absence.
What happens if you ignore it? This is where many people make a serious mistake. Ignoring an SJPN does not make the matter go away. If you fail to respond the magistrate will almost certainly convict you in your absence, issue a fine and add a victim surcharge and court costs. More importantly you will have a criminal conviction on your record without ever having had the chance to put your case forward.
What are your options when you receive an SJPN? When you receive an SJPN you have three options. You can plead guilty by post, accepting the charge and submitting written mitigation asking the court to be lenient with the penalty. You can plead not guilty, in which case the matter is transferred to a full magistrates’ court hearing where you can contest the charge. Alternatively you can request a hearing even if you intend to plead guilty so that you can appear before the court in person and present mitigation verbally.
Why you should seek legal advice before responding The response deadline on an SJPN is strict, typically 21 days from the date on the notice. Missing this deadline removes your ability to enter a plea and almost guarantees an automatic conviction. A specialist solicitor can assess whether there is a viable defence, negotiate with the prosecuting operator before a plea is entered and in some cases secure a withdrawal of the prosecution entirely meaning no criminal conviction at all.
Received an SJPN? Instruct Samir Moftah Today. Samir Moftah is a specialist fare evasion solicitor at Manak Solicitors with extensive experience representing clients at every stage of the prosecution process. Time is critical, do not wait until the deadline has passed. Contact Samir today for a free 15 minute initial discussion where he will set out exactly how he can help with your case. 01689 870769 07731 868916 litigation@manaksolicitors.co.uk
