The courts minister today vowed to ‘fundamentally reform’ the single justice procedure (SJP) if poor practice continues, after a series of scandals.
Magistrates use the SJP to deal with minor offences such as driving without car insurance, non-payment of the TV licence fee and not having a valid train ticket. Unless challenged, cases are heard by a single magistrate supported by a legal adviser.
However an investigation carried out by the London Standard newspaper has uncovered troubling cases of seemingly harsh treatment, including an 84-year-old pensioner prosecuted by the DVLA and fined £1,876 for not paying £93 in road tax and a 78-year-old woman with schizophrenia and dementia who was convicted of not having vehicle insurance.
More recently the chief magistrate ruled that all prosecutions brought by railway operators under two subsections of the Railways Act were invalid, which could see up to 75,000 prosecutions overturned.
Responding to questions over the debacle in the House of Commons today, Heidi Alexander MP, minister for courts and legal services, said she was due to ‘raise evidential questions’ with representatives from train operating companies in the next few weeks.
‘I am clear that SJP is vital tor the efficient running of the magistrates court however it must operate fairly and effectively’, Alexander said. ‘I will not tolerate poor practice and I will not hesitate to fundamentally reform this system if that is what is required.’
Asked how the government was intending to improve the SJP, she said: ‘As a first step I have asked the courts and tribunals service to redesign the SJP notice and make it clearer. I will also be calling in SJP prosecutors to discuss ways in which we can ensure the public interest is considered by them in advance of making prosecutions.’
In March, the Magistrates’ Association said many members are uncomfortable with the process as it currently works and called for radical reforms. The organisation found a ‘significant’ proportion of members feel they do not always get as much time as they need to properly consider each case.
