Commentary on Sections Trial by single justice on the papers Section 46: Instituting proceedings by written charge
419.Section 46 amends section 29 of the Criminal Justice Act 2003. At present, section 29 provides for criminal proceedings to be commenced by way of “written charge and requisition”. Section 46 amends section 29 so that criminal proceedings can also be initiated by way of written charge and single justice procedure notice. A single justice procedure notice is a document that requires the person to respond to it stating whether they plead guilty or not guilty to the charge, and if they plead guilty whether they are content for the case to be dealt with by the single justice procedure.
420.This new single justice procedure is contained in new section 16A to 16F of the Magistrates’ Courts Act 1980, inserted by section 48. The single justice procedure provides that cases may be dealt with by a single magistrate, and there is no obligation to hold a trial in open court. The defendant would therefore not have to attend court. The procedure allows cases to be tried at the earliest opportunity by any available magistrates’ court (regardless of the area in which they originated).
421.This procedure only applies to summary-only, non-imprisonable offences. Offences like failing to register a new vehicle keeper, driving without insurance, exceeding a 30mph speed limit and TV licence evasion make up the majority of the types of offences in scope of this procedure.
422.It will be for prosecutors to decide whether to initiate the single justice procedure. They will be expected to filter out cases involving offences which are technically in scope of the legislation but which might not be suitable for the new procedure. However whether a case is conducted under the new procedure will ultimately be a decision for the magistrate dealing with the case.
423.Initiation by way of written charge and single justice procedure notice must be by a “relevant prosecutor”. These documents will be served on the defendant along with other documents referred to in new section 29(3B) of the 2003 Act (inserted by subsection (5) of section 46). A relevant prosecutor might also serve such documents as are described in new section 16A(4)(a) of the 1980 Act (inserted by subsection (3) of section 48). These additional documents will comprise material the prosecutor relies upon in evidence to prove the case against the defendant. “Relevant prosecutors” are those named in section 29 or those named by order of the Secretary of State (including those named in existing orders). Subsections (9) and (10) of section 46 make provision relating to the order-making power that is contained in section 29(5)(h) of the 2003 Act. Subsection (9) provides that an order specifying a person as a relevant prosecutor must also specify whether they are authorised to issue both written charge and requisitions and single justice procedure notices, or only written charge and single justice procedure notices. Subsection (10) makes transitional provision to ensure that persons who had been previously specified under the power to specify “public prosecutors” will continue to have the power to issue requisitions, and will also have the power to issue single justice procedure notices.