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Legal Time Limits
Almost everything in the Magistrates’ Court has a time limit – including when offences can be charged.
Limitation
For all summary offences (so offences that can only be tried in the Magistrates’ Court, such as speeding or driving whilst using a mobile phone) the charge must be laid within 6 calendar months of the offence (MCA 1980, s.127).
‘Laying’ a charge means that the Police must authorise the charge within 6 months. It may then take a few weeks to actually get to you – so not receiving it within 6 months, or if the hearing is not within 6 months, does not automatically means that the offence is out of time.
The day after the offence is day 1 (Marren v Dawson Bentley & Co Ltd). Example: offence committed on 1st Jan – day 1 of limitation is 2nd Jan and the police have until 23.59 on the 1st July to lay information. Information laid on the 2nd July would be out of time.
There is no limitation for either way or indictable offences – so they are offences which can be tried in the Crown Court (for example, dangerous driving).
Appeals
A defendant has 15 business days to appeal from the Mags Court to the Crown Court.
The day of the hearing is day 1. So for example the hearing is on the 1 November, so last day to appeal is the 21 November, NOT the 22nd.
If conviction and sentence are on different days (eg the defendant is convicted on one day but the sentence adjourned to a later date) appeals against conviction must be lodged within 21 days of conviction, not sentence.
Appeals lodged out of time will need to be made subject to an application for leave to appeal, and whether to allow it entirely at the discretion of the Crown Court and may be refused.
Single Justice Procedure Notice
A SJPN must be responded to within 21 days after service of the SJPN on the defendant.
Day 1 of service is day 1 to respond.
For example, the posting date on the SJPN is the 1 November. The date of service will be the 2 November. The last day to respond will be the 22 November. So a response sent to the Court on 23 November will be out of time.
If no response has been sent within the above 21 days the Court may try the case in the defendants absence and find them guilty.
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I had a road traffic matter due to use of a mobile phone and with the help and advice of Rachel and Megan at Patterson Law … More I was able to get off with my best outcome possible a 14 day ban with no points Top work from there team. And if you are without the funds to have a barrister by your side in court they will give u the best and most valuable information to help you present yourself in front of the magistrates.Excellent work from the team
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From start to finish Patterson Law were professional, helpful and friendly. Even though I have no legal experience they explained … More everything to me, and I felt understood and appreciated during our conversations. Patterson were integral to my success in court. I fully recommend their services.
Testimonials
I wanted to thank you for all the good and diligent work you have done on my behalf. I am very pleased with the final outcome of my court case and most satisfied with the level of service you provided.
Dear Louise, I would like to express deep appreciation for all the work and effort you've put into my case and for ultimately getting me the decision that I wanted. Your professionalism, ease to communicate with, understanding of my problem and successful result are all testimony to your excellent legal services. I would recommend anybody with a Road Traffic Offence matter to your use your firm as they can be assured of an excellent and thorough service. Thanks again.
Having Googled for a solicitor who had expertise in the area of my alleged offence I found your firm and I have to say it I am so glad I contacted you. From the first phone call the attitude from your office was positive and informative. Once I instructed your firm officially I immediately felt that my case was at last being handled by someone who actually had an interest and knowledge and wanted to provide an exceptional service. All in all a positive experience. My thanks to all who had dealings with my case and especially to Louise for the expediency with which she dealt with the case saving me many sleepless nights. Very professional, honest from the outcome, didn't raise my hopes at getting case discharged at all. Very well done.
It is extremely rare to do a web search and stumble across a firm of any profession, and actually receive a first rate service, but that’s what’s happened in this instance. My hesitation was doubled by the fact they are located 200 miles away from me. From my initial contact through the web site, the call back was very, very fast, and the conversation put you in no doubt you were in safe hands. The contact with the secretaries was fast and efficient. The information from both the Principle Solicitor Emma Patterson and the Solicitor and Senior Case Progression Officer Louise Kippax was professional, useful, thorough and pragmatic. I wish more people in all professional services sector were as down to earth, and say it like it is! Overall, I would have no hesitation in recommending this firm. Thank you!
Great Response, Great Advice, Great Service and … Great Result – Thanks.
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