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The magistrate reviewing the case has decided, for whatever reason, that they do not feel the case is suitable for the SJP, and as such you must now appear in court.
A solicitor can appear on your behalf, if you appoint and pay for one. They can appear with you or instead of you. This issue can no longer be handled by post. A summons is an order to appear. If you do not appoint a solicitor or appear in person, you risk a bench warrant being issued with the result being your arrest.
Possible reasons that the magistrate may have decided as above include:
You indicated a guilty plea, but in your mitigation statement the wording you used led the magistrate to consider that you did not actually believe yourself to be guilty. This is known as an "equivocal plea".
The magistrate believes the bench should hear from you in person about why you committed the offence and what your circumstances are before they decide what your punishment will be.
The magistrate believes that some or all of what you wrote on the form was a lie and considers that you should explain yourself in court.
The magistrate does not believe you are taking the matter sufficiently seriously.
We can give you further advice on what to expect and say in the day of your court appearance if you would find that useful?
The magistrate reviewing the case has decided, for whatever reason, that they do not feel the case is suitable for the SJP, and as such you must now appear in court.
A solicitor can appear on your behalf, if you appoint and pay for one. They can appear with you or instead of you. This issue can no longer be handled by post. A summons is an order to appear. If you do not appoint a solicitor or appear in person, you risk a bench warrant being issued with the result being your arrest.
Possible reasons that the magistrate may have decided as above include:
You indicated a guilty plea, but in your mitigation statement the wording you used led the magistrate to consider that you did not actually believe yourself to be guilty. This is known as an "equivocal plea".
The magistrate believes the bench should hear from you in person about why you committed the offence and what your circumstances are before they decide what your punishment will be.
The magistrate believes that some or all of what you wrote on the form was a lie and considers that you should explain yourself in court.
The magistrate does not believe you are taking the matter sufficiently seriously.
We can give you further advice on what to expect and say in the day of your court appearance if you would find that useful?
Oh I see.
Thank you so much. Does it make it worse that I need to go to court now? I mean they’re the ones who have called me and I have no choice I’m not sure if it’ll look worse on my record. What can I tell my university?
And I’d appreciate if you can give me further advice on what to expect / say if you can let me know. Thank you
== Doublepost prevention - post automatically merged: ==
The magistrate reviewing the case has decided, for whatever reason, that they do not feel the case is suitable for the SJP, and as such you must now appear in court.
A solicitor can appear on your behalf, if you appoint and pay for one. They can appear with you or instead of you. This issue can no longer be handled by post. A summons is an order to appear. If you do not appoint a solicitor or appear in person, you risk a bench warrant being issued with the result being your arrest.
Possible reasons that the magistrate may have decided as above include:
You indicated a guilty plea, but in your mitigation statement the wording you used led the magistrate to consider that you did not actually believe yourself to be guilty. This is known as an "equivocal plea".
The magistrate believes the bench should hear from you in person about why you committed the offence and what your circumstances are before they decide what your punishment will be.
The magistrate believes that some or all of what you wrote on the form was a lie and considers that you should explain yourself in court.
The magistrate does not believe you are taking the matter sufficiently seriously.
We can give you further advice on what to expect and say in the day of your court appearance if you would find that useful?
The magistrate reviewing the case has decided, for whatever reason, that they do not feel the case is suitable for the SJP, and as such you must now appear in court.
A solicitor can appear on your behalf, if you appoint and pay for one. They can appear with you or instead of you. This issue can no longer be handled by post. A summons is an order to appear. If you do not appoint a solicitor or appear in person, you risk a bench warrant being issued with the result being your arrest.
Possible reasons that the magistrate may have decided as above include:
You indicated a guilty plea, but in your mitigation statement the wording you used led the magistrate to consider that you did not actually believe yourself to be guilty. This is known as an "equivocal plea".
The magistrate believes the bench should hear from you in person about why you committed the offence and what your circumstances are before they decide what your punishment will be.
The magistrate believes that some or all of what you wrote on the form was a lie and considers that you should explain yourself in court.
The magistrate does not believe you are taking the matter sufficiently seriously.
We can give you further advice on what to expect and say in the day of your court appearance if you would find that useful?
It won't reflect any differently on your record. You will either have a conviction or you won't. It makes no difference if you had to attend court or plead by mail.
Oh I see.
Thank you so much. Does it make it worse that I need to go to court now? I mean they’re the ones who have called me and I have no choice I’m not sure if it’ll look worse on my record.
It will be in a real, actual, full-sized court room, you will (probably) be asked to stand in the dock, and members of the public and press have the right of access (though are unlikely to use said right).
== Doublepost prevention - post automatically merged: ==
When attending court, you should bring with you copies of all paperwork you have received, and a form MC100 income and expenditure form. If there is anything on paper that you will want to give the court, such as a statement, you must have six copies of each document:
Three for the magistrates
one for the legal advisor
one for the prosecution
one for yourself
It is strongly recommended to dress formally. Where possible, gentlemen should wear a dark suit, tie, and formal shoes, and ladies should wear a suit with jacket, a formal top and skirt/trousers, or a dress, nothing too revealing, formal shoes and tights or similar should be worn. Jeans, trainers, open-toed shoes, anything bright, gaudy, or with slogans of any sort should be avoided.
At the court, you should make sure to arrive in good time before the time indicated on your summons. You will need to pass through security checks, which will typically include a walk-through metal detector and a bag search. Certain items are prohibited – check the Courts Service website.
Most courthouses have a number of courtrooms. You will need to check a noticeboard to see which courtroom your case has been assigned to. Staff can point this out. Speak to staff to identify yourself as a defendant.
You will probably have a fair bit of waiting around to do. Bring a book/magazine. You can use your phone whilst waiting in the court building but it should be on silent/do not disturb when in the court room itself.
When you are called into the courtroom, staff will indicate where you need to go. Do not sit down until invited to do so. You will likely have three magistrates sitting at the back on the highest level, with a legal adviser in front of them. (It's possible but unlikely that these four will be replaced by a single district judge.) Towards the centre of the court will be one or more prosecutors – solicitors representing TfL.
The legal adviser will ask you to confirm your personal details (name/address/DOB) and from there they will step you through what needs to be done – you'll likely be asked to confirm your guilty plea and then explain your mitigation. Mitigation means the reasons you are saying the court should punish you less harshly, or not at all.
After that, it could go off in several different directions, so I can't predict beyond there, all I can do is remind you that the court understands that their process is unfamiliar and will be happy for you to ask clarifying questions if you are unsure about anything. If you end up with a fine, you'll be asked if you can pay it right away (which really means within 28 days) or if you need to pay in instalments; they'll usually want it paying within 12 months. A letter will be sent to you with instructions on how to pay online, over the phone, or with a barcode at a "Paypoint" (convenience store).
Finally, don't be tempted to call anyone "your Honour" – that phrase isn't used at Magistrates Court. The magistrates collectively are addressed as "your Worships". Anyone else, including magistrates individually, should be addressed as "sir" or "madam" (not "ma'am").
It won't reflect any differently on your record. You will either have a conviction or you won't. It makes no difference if you had to attend court or plead by mail.
This question has been answered many, many times over the course of the thread. Please read back through.
Will endeavour to do so later.
It will be in a real, actual, full-sized court room, you will (probably) be asked to stand in the dock, and members of the public and press have the right of access (though are unlikely to use said right).
== Doublepost prevention - post automatically merged: ==
When attending court, you should bring with you copies of all paperwork you have received, and a form MC100 income and expenditure form. If there is anything on paper that you will want to give the court, such as a statement, you must have six copies of each document:
Three for the magistrates
one for the legal advisor
one for the prosecution
one for yourself
It is strongly recommended to dress formally. Where possible, gentlemen should wear a dark suit, tie, and formal shoes, and ladies should wear a suit with jacket, a formal top and skirt/trousers, or a dress, nothing too revealing, formal shoes and tights or similar should be worn. Jeans, trainers, open-toed shoes, anything bright, gaudy, or with slogans of any sort should be avoided.
At the court, you should make sure to arrive in good time before the time indicated on your summons. You will need to pass through security checks, which will typically include a walk-through metal detector and a bag search. Certain items are prohibited – check the Courts Service website.
Most courthouses have a number of courtrooms. You will need to check a noticeboard to see which courtroom your case has been assigned to. Staff can point this out. Speak to staff to identify yourself as a defendant.
You will probably have a fair bit of waiting around to do. Bring a book/magazine. You can use your phone whilst waiting in the court building but it should be on silent/do not disturb when in the court room itself.
When you are called into the courtroom, staff will indicate where you need to go. Do not sit down until invited to do so. You will likely have three magistrates sitting at the back on the highest level, with a legal adviser in front of them. (It's possible but unlikely that these four will be replaced by a single district judge.) Towards the centre of the court will be one or more prosecutors – solicitors representing TfL.
The legal adviser will ask you to confirm your personal details (name/address/DOB) and from there they will step you through what needs to be done – you'll likely be asked to confirm your guilty plea and then explain your mitigation. Mitigation means the reasons you are saying the court should punish you less harshly, or not at all.
After that, it could go off in several different directions, so I can't predict beyond there, all I can do is remind you that the court understands that their process is unfamiliar and will be happy for you to ask clarifying questions if you are unsure about anything. If you end up with a fine, you'll be asked if you can pay it right away (which really means within 28 days) or if you need to pay in instalments; they'll usually want it paying within 12 months. A letter will be sent to you with instructions on how to pay online, over the phone, or with a barcode at a "Paypoint" (convenience store).
Finally, don't be tempted to call anyone "your Honour" – that phrase isn't used at Magistrates Court. The magistrates collectively are addressed as "your Worships". Anyone else, including magistrates individually, should be addressed as "sir" or "madam" (not "ma'am").
i cant seem to find where the question about university has been answered on this thread as i only recieved this letter to go to court 2 days ago. i havent yet asked what can i tell my university that i have now been called to court other than this time
== Doublepost prevention - post automatically merged: ==
This question has been answered many, many times over the course of the thread. Please read back through.
Will endeavour to do so later.
It will be in a real, actual, full-sized court room, you will (probably) be asked to stand in the dock, and members of the public and press have the right of access (though are unlikely to use said right).
== Doublepost prevention - post automatically merged: ==
When attending court, you should bring with you copies of all paperwork you have received, and a form MC100 income and expenditure form. If there is anything on paper that you will want to give the court, such as a statement, you must have six copies of each document:
Three for the magistrates
one for the legal advisor
one for the prosecution
one for yourself
It is strongly recommended to dress formally. Where possible, gentlemen should wear a dark suit, tie, and formal shoes, and ladies should wear a suit with jacket, a formal top and skirt/trousers, or a dress, nothing too revealing, formal shoes and tights or similar should be worn. Jeans, trainers, open-toed shoes, anything bright, gaudy, or with slogans of any sort should be avoided.
At the court, you should make sure to arrive in good time before the time indicated on your summons. You will need to pass through security checks, which will typically include a walk-through metal detector and a bag search. Certain items are prohibited – check the Courts Service website.
Most courthouses have a number of courtrooms. You will need to check a noticeboard to see which courtroom your case has been assigned to. Staff can point this out. Speak to staff to identify yourself as a defendant.
You will probably have a fair bit of waiting around to do. Bring a book/magazine. You can use your phone whilst waiting in the court building but it should be on silent/do not disturb when in the court room itself.
When you are called into the courtroom, staff will indicate where you need to go. Do not sit down until invited to do so. You will likely have three magistrates sitting at the back on the highest level, with a legal adviser in front of them. (It's possible but unlikely that these four will be replaced by a single district judge.) Towards the centre of the court will be one or more prosecutors – solicitors representing TfL.
The legal adviser will ask you to confirm your personal details (name/address/DOB) and from there they will step you through what needs to be done – you'll likely be asked to confirm your guilty plea and then explain your mitigation. Mitigation means the reasons you are saying the court should punish you less harshly, or not at all.
After that, it could go off in several different directions, so I can't predict beyond there, all I can do is remind you that the court understands that their process is unfamiliar and will be happy for you to ask clarifying questions if you are unsure about anything. If you end up with a fine, you'll be asked if you can pay it right away (which really means within 28 days) or if you need to pay in instalments; they'll usually want it paying within 12 months. A letter will be sent to you with instructions on how to pay online, over the phone, or with a barcode at a "Paypoint" (convenience store).
Finally, don't be tempted to call anyone "your Honour" – that phrase isn't used at Magistrates Court. The magistrates collectively are addressed as "your Worships". Anyone else, including magistrates individually, should be addressed as "sir" or "madam" (not "ma'am").
got it, but when i wanted to clarify why i was taken to court over the phone they said you dont need to bring anything they dont seem to ever ask for id either but if you want bring it just in case; thats all they said
i cant seem to find where the question about university has been answered on this thread as i only recieved this letter to go to court 2 days ago. i havent yet asked what can i tell my university that i have now been called to court other than this time
You seem to be speaking to completely incompetent people. That your offences are being dealt with by way of summons and not SJPN makes no real difference.
You seem to be speaking to completely incompetent people. That your offences are being dealt with by way of summons and not SJPN makes no real difference.
Why would you give the prosecution evidence and not retain a copy?
I don’t know that’s why I’m asking if they will. If not can I just mention it in court that I sent so and so to tfl and if they want to find out they can check from tfl since won’t TfL’s solicitor be there
If not can I just mention it in court that I sent so and so to tfl and if they want to find out they can check from tfl since won’t TfL’s solicitor be there
I don't know details of court procedure, but it would probably be much easier if you can take your own copies with you - that way, you can have it to hand, rather than waiting for TfL's representative to go through their papers and find it, or having to have arguments about whether it's their responsibility to provide it or yours.
I don't know details of court procedure, but it would probably be much easier if you can take your own copies with you - that way, you can have it to hand, rather than waiting for TfL's representative to go through their papers and find it, or having to have arguments about whether it's their responsibility to provide it or yours.
Fair point. Does court procedure allow someone to ask the other side to produce documents for the magistrates to look at - or are you stuck if you haven't brought it with you?
Fair point. Does court procedure allow someone to ask the other side to produce documents for the magistrates to look at - or are you stuck if you haven't brought it with you?
If it's a document TfL wants to rely on in the proceedings they will need to bring 6 copies of it for the people as set out in post 394.
If it's not a document TfL wants to rely on, then the OP can ask but I'm not aware of any rule placing an obligation to TfL to comply. They could, I suppose, request a copy of the document under GDPR ahead of time.
If it's a document TfL wants to rely on in the proceedings they will need to bring 6 copies of it for the people as set out in post 394.
If it's not a document TfL wants to rely on, then the OP can ask but I'm not aware of any rule placing an obligation to TfL to comply. They could, I suppose, request a copy of the document under GDPR ahead of time.
How did you apply for an enhanced DBS check yourself, out of interest? These and standards normally require to be submitted by a registered organisation that certifies the prospective employer is entitled to ask about spent convictions.
You can’t do an enhanced check on yourself, as the disclosure of spent convictions or non-police intelligence is highly contextual on the role being applied for.
a basic check, which shows unspent convictions and conditional cautions
a standard check, which shows spent and unspent convictions and adult cautions, from the Police National Computer which have not been filtered in line with legislation
an enhanced check, which shows the same as a standard check plus any information held by local police that’s considered relevant to the role
an enhanced check with a check of the barred lists, which shows the same as an enhanced check plus whether the applicant is on the adults’ barred list, children’s barred list or both
Fair point. Does court procedure allow someone to ask the other side to produce documents for the magistrates to look at - or are you stuck if you haven't brought it with you?
Yes, it doesn't matter if you plead guilty early, plead guilty at court or plead not-guilty and are found guilty by the magistrate, it's a conviction either way. The only difference is that by pleading early you get a reduced fine.
I strongly suspect that @dumbgirl is either operating under a misapprehension or is being mendacious. There is no legal way for someone to request an enhanced DBS check on themselves.
The point that is also being missed is that EDBS are role specific. So if you were handling controlled drugs (CDs) then EDBS is going to go through a very different path to someone in NHS Finance Graduate Management. I process EDBS and I would expect to see fraud related crime to feature for those handling Methadone.
(There are some ways where someone can effectively volunteer to get an EDBS. For example if you agreed to go on a Bank system for vaccinating children against whooping cough, then you would apply for EDBS and then withdraw your name from the Bank).
