deadline?

[Peter.Tyrone]

I’ve heard that the TOCs have a 6 month deadline to “lay all information” before a court for a potential prosecution.
After that stage, does the court itself have a deadline in to issue the actual summons to the individual?
How long does it usually take for a court to do this, normally speaking?

 

[Fare-Cop]

It is generally accepted that the process should be worked through as soon as practicable, but do I know that some Summonses recently applied for in relation to alleged offences dating from early-October, have been granted by the Court, but will not be listed for hearing until mid-June. This is not uncommon.

This is because that particular Court is very busy and particularly since the closure of so many Magistrates Courts, increased pressure on available time in those remaining can mean that it could take even longer in some places.

 

[PermitToTravel]

I’ve heard that the TOCs have a 6 month deadline to “lay all information” before a court for a potential prosecution.
After that stage, does the court itself have a deadline in to issue the actual summons to the individual?
How long does it usually take for a court to do this, normally speaking?

I believe that there are no rules on how long the court can take to issue a summons

To add to your first point, prosecutions for offences under the railway byelaws or section 5 of the Regulation of the Railways Act must be commenced within 6 months of the date of the offence. Prosecutions for fraud can be commenced at any time.

 

[Peter.Tyrone]

It is generally accepted that the process should be worked through as soon as practicable, but do I know that some Summonses recently applied for in relation to alleged offences dating from early-October, have been granted by the Court, but will not be listed for hearing until mid-June. This is not uncommon.

Yes I have heard this can be the case although not that common. Surely though in those cases, the individuals would have still be informed by that stage of what is occurring?

 

[Fare-Cop]

Yes I have heard this can be the case although not that common. Surely though in those cases, the individuals would have still be informed by that stage of what is occurring?

This is becoming far more common as pressure on limited Courts resources grows.

Before a Summons is issued the TOC will have written to the traveller advising the likelihood of prosecution, but once the Summons is applied for, unless there is further unanswered correspondence, there is no obligation to write again until service of the Summons and statements etc. is effected.

 

[tony_mac]

I believe that there are no rules on how long the court can take to issue a summons

No, but it seems an excessively long delay may constitute an abuse of process, depending on the cause.


e.g.;
R v Brentford Justices ex parte Wong [1980] 73 Cr. App. R. 6

"The process of laying an information is, I think, assumed by Parliament to be the first stage in a continuous process of bringing a prosecution. Section 104 of the 1952 Act is designed to ensure that prosecutions shall be brought within a reasonable time.
That purpose is wholly frustrated if it is possible for a prosecutor to obtain summonses and then, in his own good time and at his convenience, serve them. Of course there may be delays in service of the summonses due perhaps to the evasiveness of the defendant. There may be delays due to administrative reasons which are excusable, but that is not so in this case."

 

[Fare-Cop]

No, but it seems an excessively long delay may constitute an abuse of process, depending on the cause.


e.g.;
R v Brentford Justices ex parte Wong [1980] 73 Cr. App. R. 6

"The process of laying an information is, I think, assumed by Parliament to be the first stage in a continuous process of bringing a prosecution. Section 104 of the 1952 Act is designed to ensure that prosecutions shall be brought within a reasonable time.
That purpose is wholly frustrated if it is possible for a prosecutor to obtain summonses and then, in his own good time and at his convenience, serve them. Of course there may be delays in service of the summonses due perhaps to the evasiveness of the defendant. There may be delays due to administrative reasons which are excusable, but that is not so in this case."

Quite so, but there is no evidence in this thread that any actual delay in any actual case has occurred.

The OP merely asked a question about timescales.

What I referred to in responding was not any delay at the whim of a prosecutor, it is the delay caused by Courts being unable to provide prompt listing dates for lack of available Court time, which is becoming much more common.

 

[Peter.Tyrone]

Quite so, but there is no evidence in this thread that any actual delay in any actual case has occurred.

The OP merely asked a question about timescales.

What I referred to in responding was not any delay at the whim of a prosecutor, it is the delay caused by Courts being unable to provide prompt listing dates for lack of available Court time, which is becoming much more common.

So when a court receives the relevant information from the TOC, how long do they usually take to set a court date? I heard this usually only takes a few weeks...?
And once they court date is set then the summons will be sent to the individual?

 

[DaveNewcastle]

So when a court receives the relevant information from the TOC, how long do they usually take to set a court date? I heard this usually only takes a few weeks...?

It could be listed for a hearing within a day (i.e. given a date in the future, not that the hearing would be one day away), but more commonly we'd see a case listed in a week or two. However, in a busy Court and/or at busy periods or during holiday periods, this can take a month or two.
As Fare-Cop rightly notes, this situation is likely to worsen as resources continue to be squeezed.

And once they court date is set then the summons will be sent to the individual?

Yes, these should be issued as soon as the date is allocated. Again, there can be delays, but I would expect those to be limited to just a few days.

Court staff can make mistakes, which can lead to further delay or uncertainty, but for the most part, the procedure is straightforward, but slow.