Court Procedure for Driving Offences

Attending a court for driving offences, no matter how minor, can be an intimidating and overwhelming experience. The court process may seem less daunting if the driver does know the actual procedure that will take place.

Legal Representation and Preparation before a Court Case

It will be in the best interests of the accused to seek legal representation. A solicitor or lawyer will be able to give the best advice and guide the accused through the entire court procedure. A lawyer will know the best defence to use during a court case, and will fully prepare the defendant prior to the case. Anyone charged with an offence can of course represent themselves but it is doubtful that they will be experts on motoring law. The court is also under no legal obligation to provide a duty solicitor for the accused on the day of the hearing.

Length of Time before a Court Case is Heard

The length of time before a case arrives at court can vary significantly. The police will have up to six months from when the incident took place to begin the court process. Some police forces will serve the papers within a few weeks of the incident while others will wait until the six months are almost up. In some cases it can take around eight months before a case actually goes to court. This varying time length means that the accused may not actually receive notice of court proceedings until the six months has elapsed.

Will The Accused Be Required to Attend Court?

Whether or not the accused has to attend court will be dependant on the severity of the offence. Some offences can be dealt with by letter. The accused can plead guilty by letter but the court may still request that they attend. It may be the case that legal representation can attend court in place of the accused, depending on the offence. Anyone who has been charged with an offence and then bailed must appear in court.

Pleading Guilty by Post to a Motoring Offence

Pleading guilty by post means the accused will not have to personally attend court. The accused will have to supply their licence and also a Statement of Means. The accused will also be able to provide written mitigating circumstances outlining why the offence took place. This will also be a chance to explain why the accused does not think they should be punished severely. Legal representation should be used when detailing the mitigating circumstances.

Which Court Will the Case Be Heard in?

Countries in the UK do have different courts. In England and Wales driving offences are heard in Magistrates’ Courts. Around 95% of all cases in England and Wales are dealt with in Magistrates’ Courts and cases will usually be heard in the accused person’s local court. In Scotland there are three different courts; the Sheriff Court, the District Court and the Justice of the Peace. The severity of the case will determine the court in which the case will be heard.

How Long the Hearing Will Last

Court hearing length times can vary and there is usually no set time limit. If the accused is not prepared for the case a verdict can be reached very quickly. Most guilty plea cases will be disposed of in around 30 minutes. Not guilty cases can be much longer especially if witnesses are appearing. A plea of not guilty may mean that more than one court hearing is required. In most cases a minimum of two court hearings will be required for a not guilty plea.

Court Adjournment If Unprepared for a Court Hearing

If the accused is unprepared for the hearing a court may decided to adjourn and reschedule. It may also be the case that the court will simply decide to pass verdict for a guilty plea if the accused is unprepared. This means the court will impose the punishment it feels is warranted by the offence. If an adjournment is granted this will mean a further court hearing at a future date.

Any driver who is charged with an offence should take legal advice and representation well in advance of a court hearing. One of the main benefits of legal representation is that the defence Counsel can negotiate with the prosecution minutes before the court hearing. This is an important part of the process and is one of the reasons why it is beneficial to have legal representation.