A person is guilty if they committed the act they are accused of and have no defence.

They are not guilty if they did not do the thing they are accused of, or if they did it but they have a 'viable defence'. What will be accepted as a viable defence will be different for different offences. 

For example, driving without insurance is what is called a ‘strict liability’ offence. That means that an honest belief that you had insurance would not be accepted as a viable defence.  With other offences, however, it may be a ‘viable defence’ to show your actions were reasonable in the circumstances. For example, if you committed the offence in order to avoid a greater harm.  

Working out if you have a ‘viable defence’ is very hard if you cannot access legal advice. 

If you can afford it, and if something important (other than money) is at stake like your ability to drive, it would be worth paying for legal advice. 

The notice you received will tell you how you can respond. Most people can choose between sending back the form or responding online. You can use Make a plea for a traffic offence if it was a driving offence. If it was any other offence you can use Make a plea for an offence. 
If you plead guilty, you will get a 33% reduction in the fine.  

When you respond, you are also asked if you want to attend court or not. In most cases attending won’t be necessary. If you choose not to attend court, you will also not have to pay any court costs. 

When pleading guilty to a SJPN 

There is also the opportunity to enter any information the magistrate should know -  something called ‘mitigation’. If the offence was committed by mistake, or was caused by something that the magistrate should know about when considering the sentence/fine, take this opportunity to explain. Include everything that is relevant.

If you have no previous convictions make sure you say so. If you haven't done the thing you have been accused of before, or if you were not doing it for long, include that. For example if you only had not had a TV license for a short period, that will help. If you have now bought a TV license, that will also help.  (If you cannot afford to buy a TV license, get in touch with Step-Change - they can help you apply for the 'Simple Payment Plan' where you can pay fortnightly or monthly). You may find these Sentencing guidelines for TV license payment evasion from the Sentencing Council helpful.

You should also use this box to explain any difficult personal circumstances - include any health or disability issues you have or anyone you care for has, if you are the victim of domestic violence or another type of crime, and any financial difficulties you are already facing. If the financial difficulties you are already facing are caused by illness or anything 'unusual', say that. If your family already cannot afford basic necessities like enough food or heating, say that clearly and give examples.

Ask them to drop the charges

If you have a good explanation for how or why the offence was committed, if it was by mistake or necessity, or if your personal circumstances are difficult already, write to the prosecuting body  separately and formally request that they drop the charges against you due to your personal circumstances. The prosecuting body is the police, the local authority, the train or bus company, or TV licensing.  You should do this as well as responding to the SJPN because of the tight deadline.

If you have been charged with watching TV with no TV license, the Appeal site have template letters you can adapt and use. If you have since bought a TV license,  tell them this.

If you think you are innocent you should plead not guilty. The notice you received will tell you how to do that. Most people can choose between sending back the form or responding online. You can use Make a plea for a traffic offence if it was a driving offence. If it was any other offence you can use Make a plea for an offence. 

How to plead not guilty to a SJPN 

If you plead not guilty you will be asked if you have any evidence to submit to support your case. This could be proof that you had a TV license, a good reason why your child wasn't in school, or that you had paid the transport fare, etc.

Or it could be a witness statement. The CPS website explains how witness statement templates need to be set out and what rules they need to follow.  

It is also possible to argue that there are public interest reasons why you shouldn't be prosecuted or why your fine should be minimal. To help with this, you could submit medical evidence or anything else that supports your explanation of your difficult circumstances - for example, pay slips, documents showing your eligibility for benefits.

You should also write to the prosecuting body (for example TV licensing, the local authority, police) separately and formally request that they drop the charges against you due to your personal circumstances. If you have been charged with watching TV with no TV license, the Appeal site have template letters you can adapt and use. If you have since bought a TV license, tell them this. 

Some people don't find out that they have been accused of an offence until they have been convicted of it. If this has happened to you, try not to panic.

We know that it can be really upsetting and stressful to find out you have been convicted of a crime you didn't even know about.

There are things you can do. You can ask to have the case reopened and the decision set aside using the statutory declaration of ignorance of proceedings form, available from the GOV.UK website. 

You should make the statutory declaration within 21 days of finding out about your case. If the 21 days have already passed, you will have to explain why you were unable to do it sooner. 
 

Most offences you can be given an SJPN for (including things like non-payment of a TV License, driving without insurance, and careless driving) are 'non-recordable offences'. That means that even if you are found guilty under the single justice procedure, it is extremely unlikely that the offence will be put onto the police national computer. That means that they won't come up in a DBS check. You often need to have a DBS check when starting a new job or voluntary position. 

However, HMCTS says there are some offences which will be recorded. For more information see  Single Justice Procedure Notice from Unlock. 

The information in this guide applies to England and Wales. There are different rules about cases in Scotland or Northern Ireland.

This guide has been written by Advicenow in response to the fact that there is very little free help for people who are accused of a minor crime/receive a single Justice Procedure Notice (SJPN). 

If you know of any helpful information we should be linking to, please contact us.

Acknowledgements

Advicenow is grateful to the Ministry of Justice for funding the creation of this guide under the Online Support and Advice Grant.

Advicenow would like to thank everyone who provided advice and feedback on this guide and those who kindly peer reviewed it.