Not informed of change of court date
Discussion
Friend accused of speeding, received date for magistrates Court. Several weeks before the court date, received notice of court findings, giving points and fine. No notice of change of court date received. Friend had planned to present her position, at the very least for mitigation. Is there a basis to appeal the conviction?
Thx, J
Thx, J
You can do something about this but unless the outcome is likely to be favourable then you should do nothing. Appeal against sentence / reopening probably more appropriate than an appeal against conviction.
It would be helpful to know the:
- offences charged
- offence particulars (e.g. 50/30 mph)
- number of penalty points ordered
- fine
- costs order
- surcharge
It would be helpful to know the:
- offences charged
- offence particulars (e.g. 50/30 mph)
- number of penalty points ordered
- fine
- costs order
- surcharge
Edited by agtlaw on Monday 25th May 07:11
A reasonable outcome as there was a real risk of disqualification in this case. To appeal against sentence would open up the prospect of a ban from driving and or adverse costs consequences.
If the fine is hugely disproportionate to net weekly income then consider reopening the case in the Magistrates’ court. Note that re-opening the case would similarly open up the prospect of a disqualification from driving. It’s not possible to reopen only one aspect of the sentence.
If the fine is hugely disproportionate to net weekly income then consider reopening the case in the Magistrates’ court. Note that re-opening the case would similarly open up the prospect of a disqualification from driving. It’s not possible to reopen only one aspect of the sentence.
The Mad Monk said:
Is your friend incapable of typing herself?
It is strangely commonplace for those who suffer misfortunes and need assistance from S,P&L to have no ability to type their own posts, and so to have recourse to the kindness of their friends. It's odd, and may warrant a scientific research paper. There actually is such a paper in the General Gassing section. 66J said:
Thx for comments, AGT,
So even if we pursue a “failure of process” approach, the best outcome would be a new hearing?
And if we pursue an appeal of sentence, risk of worse outcome if mitigation not seen as significant by the court?
Yes. In which case the outcome may be worse. Unless some unusual facts / strong mitigation / special reasons then 77/50 = 6 points or ban. Very risky strategy only worth pursuing if fine hugely disproportionate to net weekly income. N.b. Maximum fine is £2,500. So even if we pursue a “failure of process” approach, the best outcome would be a new hearing?
And if we pursue an appeal of sentence, risk of worse outcome if mitigation not seen as significant by the court?
Yes. As above. Sentence can increase on appeal. Also, adverse costs consequences.
66J said:
Mr Monk, I offered to seek perspectives for said friend, who I think is unlikely to appear on PH??
Many who post in S,P&L appear to be doing so from the nineteenth century. Do people use terms like "said friend" in actual life? I do not know any lawyer who still uses such terminology - it was mostly binned in the 1980s. Breadvan72 said:
66J said:
Mr Monk, I offered to seek perspectives for said friend, who I think is unlikely to appear on PH??
Many who post in S,P&L appear to be doing so from the nineteenth century. Do people use terms like "said friend" in actual life? I do not know any lawyer who still uses such terminology - it was mostly binned in the 1980s. "My learned friend", or "my friend". Nobody says "m' learned friend". My pupilmaster advised me to say "my friend", because that way you are only lying once.
Joking apart, litigation is stressful. It is an intellectual contact sport. Thus civility and courtesy amongst lawyers help to defuse tensions and maintain professional standards. Also, as an old Silk said to me, in life you meet everybody twice, so don't fall out with people. I do not always follow his advice!
Joking apart, litigation is stressful. It is an intellectual contact sport. Thus civility and courtesy amongst lawyers help to defuse tensions and maintain professional standards. Also, as an old Silk said to me, in life you meet everybody twice, so don't fall out with people. I do not always follow his advice!
sociopath said:
Just interested (I don't have a case coming up) but how is income calculated if for example you weren't working and not taking any benefits but living off savings?
If income is nil then RWI is deemed to be £120 or £440. https://www.sentencingcouncil.org.uk/explanatory-m...
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