The Single Justice Procedure: What is it and why are there calls for reform?
Words by Lucy Fitzsimons
The Single Justice Procedure (SJP) is a legal process used by magistrates’ courts to deal with low-level offences, for example driving a car without insurance or using a TV without a licence.
A key difference is that when a defendant pleads guilty, they do not need to attend court, and therefore most cases are heard in private.
It handles around 40,000 criminal cases every month in England and Wales, according to the Magistrate Association, and they cannot result in a prison sentence.
Previously, defendants were expected to go to court for these minor offences, but the system was changed in 2015 in order to reduce pressure on the courts and minimise the stress and time commitment for defendants.
However, it has since been labelled a fast-track justice system and there are increasing concerns over its lack of transparency, the speed at which some magistrates review cases, and the prosecution of vulnerable people.
A joint investigation by ITV News and the Evening Standard revealed how flaws in the system were resulting in people being wrongly prosecuted behind closed doors.
There are growing calls for the system to be urgently reformed - including from the former Lord Chief Justice who oversaw its introduction.
How does the Single Justice Procedure work?
The Single Justice Procedure was introduced by the Criminal Justice and Courts Act 2015.
It deals with cases involving adult defendants accused of the least serious type of crimes - known as summary-only offences.
Most cases are heard in private, as under SJP when a defendant pleads guilty, they do not have to go to court - unless they want to.
Those accused of offences receive a Single Justice Procedure Notice in the post - this contains details like the charge, how to enter a plea and a chance for defendants to submit mitigating circumstances.
These mitigating circumstances offer the opportunity for defendants to provide reasons as to why they might have committed the offence.
They are read by the magistrate who reviews the case, and are taken into consideration when they decide its outcome. However, the prosecutor - such as the DVLA or TV Licensing - is not required to read these.
A magistrate can adjourn a case and ask the prosecution to review the mitigating circumstances if they believe it is not in the public interest to prosecute. They can also reduce the penalty imposed.
However, Ministry of Justice data shows that it is rare that cases are sent back to prosecutors, as reported by the Evening Standard.
Magistrates cannot dismiss a case where there is a guilty plea, according to the Ministry of Justice.
What types of offences are prosecuted through the Single Justice Procedure?
The Single Justice Procedure deals with the most minor offences. This can include:
using a television without a licence
failing to show a valid train ticket while travelling on a train service
driving without car insurance
exceeding a speed limit
failing to ensure a dependent child’s school attendance
excess vehicle load
lack of valid vehicle operator’s licence
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An investigation by ITV News and the Evening Standard uncovered a significant number of "micro miscarriages of justice", mainly in DVLA and TV Licensing offences, where people are being convicted despite having strong mitigating circumstances.
We selected 50 cases where defendants with strong extenuating circumstances had still been convicted under SJP.
These were independently reviewed by a panel of four criminal barristers.
They found it was not in the public interest to prosecute almost three quarters (74%) of these cases, and that nearly one in three (58%) would likely have resulted in a different outcome if the defendant had access to a lawyer in open court.
We asked each of the lawyers for their thoughts on the current system and the cases they reviewed.
Donal Lawler, barrister at 187 Chambers, said: "If a procedure for dealing with offences, no matter how minor, has this many potential injustices it is not fair, transparent, or rigorous. It is simply not fit for purpose.
"The majority of the cases I looked at would all have had different outcomes if either a prosecution lawyer or a defence lawyer had looked at it before it reached the magistrates. A ‘conveyer belt’ has no place in the criminal justice system.”
Charlotte Godber, barrister at QEB Hollis Whiteman Chambers, said: “It is unsurprising that a tick box exercise for something as serious as a criminal offence, however minor the offence may seem, can and does result in unfair and unjust outcomes.
"It is clear from the cases that I have reviewed that some people have ticked the guilty box through a lack of understanding of their rights and how their mitigating circumstances may be relevant to guilt. A chronic lack of investment in the criminal courts must never be allowed to serve as an excuse for unjust outcomes in our criminal justice system.”
Zayd Ahmed, barrister at Mountford Chambers, said: “Having considered the cases provided to me by ITV, the SJP is undermining the fundamental principles of justice and due process by shortcutting what all these defendants expected to be protected from, the right to a fair trial.
"It is my opinion that most of the cases I have considered should not have even gone to Court, let alone resulted in a conviction.”
Pippa Woodrow, barrister at Doughty Street Chambers, said: “Many of the cases I have reviewed reveal an inflexible and flawed system which unnecessarily results in the criminalisation of people in circumstances that many would recognise as unfair and unjust.
"In some cases this is happening without these people even being aware. In its drive for convenience, automation and efficiencies, and the predictable expansion in its use over recent years, the Single Justice Procedure frequently rides roughshod over those important functions of a credible criminal justice system.”
What are the advantages to the Single Justice Procedure?
SJP can help make the process “clearer, less costly and more straightforward for service users”, according to the HMCTS website.
They say the benefits of hearing cases this way can include:
Saving time for all the participants
Reserving court time for the cases that need to be heard there
Making the process clearer, less costly and more straightforward
What sentences can be given if found guilty?
Prison sentences cannot be imposed for cases heard through the Single Justice Procedure.
Outcomes can include:
Conditional discharge
Absolute discharge
Fines
Victim surcharge costs
Prosecution costs
Penalty points on your driving licence
What are the concerns about the system?
There are concerns over the lack of transparency of SJP, as when defendants plead guilty the cases are heard in private - and therefore journalists and members of the public are not allowed to attend.
Prosecutors often do not see the mitigating circumstances - as they are currently not required to read these - and therefore often do not withdraw cases that are not in the public interest to prosecute.
Many members of the Magistrates’ Association have said they are “uncomfortable” with the system and that a “significant proportion” say they do not always have enough time to properly review cases.
ITV News and the Evening Standard also found mistakes in the system that led to the conviction of at least one person this year who was already dead.
The Evening Standard also found that children were being unlawfully convicted through SJP, with the HM Courts and Tribunals admitting mistakes had been made.
The former Lord Chief Justice Lord Thomas, the Magistrates’ Association and a number of MPs, are calling for the system to be reformed.
Reforms proposed by the Magistrates Association include the requirement that prosecutors look at pleas and mitigations before cases are reviewed by the magistrate, improving training for magistrates and allowing SJP sittings to be observed by journalists.
In a statement, a spokesperson from the Ministry of Justice said: “The Single Justice Procedure was designed to allow low-level offences to be dealt with simply and without people having to go to court unless they choose to do so.
"The decision to prosecute cases under the Single Justice Procedure is made by the prosecuting authority. This government is reviewing what more can be done to support vulnerable defendants, as well as how to improve oversight and regulation.”
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