Advice needed please

[smithy1981]

Hi

i was wondering if anyone could advise me. I was accused of speeding and failure to provide the drivers details on 2 separate occasions. I represented myself in court and was found not guilty on both accounts in the 1st Court this week. Due to the offence being in 1 local area and the other in another local area they have been dealt with by 2 separate magistrates courts due to where the offences occurred. My question is 2 fold. If found not guilty in 1 court is it likely I would be found not guilty in the 2nd as surely the court wouldn’t undermine a previous ruling from another local court, or is that not taken into account . And would you tell the 2nd court about this - or just tell them on the day. If I do tell them - any idea where I should contact as there aren’t really any contact details for the court etc

For clarity I defended myself on the failing to provide the details of the driver using the evidential presumption of service. I did reply to the 2nd notice but it wasn’t received. We have dreadful post here and the court believed me on that. Both offences were very very close together and it seems neither reply was received

Should I tell the court about the 1st not guilty - or just use the same defence again that found me not guilty

[HandyAndy]

The first matter has no bearing on the second. You can present the same (or similar) evidence in your second case but it will be judged entirely on its own merits. So the second court could come to a different conclusion to the first even though the facts were the same or similar. In fact you might do well to avoid mentioning the first case anyway as it may prejudice the Bench against you.

I take it you had evidence of posting your response and relied on the Interpretation Act to enjoy the "presumption of service" in two working days?

[smithy1981]

Hi

No I had no evidence. I simply stated that I posted the letter the day after the second reminder came to me. I walked to the post box the day after It was received and posted it. I had the correct postage and the correct address on it - but the postal service is very poor locally. I did state that I was regretful that I didn't send it via recorded delivery but due to redundancy I was very short on money. It wasn't completely straight forward as it was a company vehicle that I had signed for but never Drove and my. Head Office said they would resolve as they had done on dozens of Occasions. They went into liquidation and didn't do anything - so when I got the 2nd reminder I sent it by 1st class post

If it's exactly the same case and same details - why would the 2nd court treat me differently?

I simply put my case forward that when the police send a letter out they legally expect it to be delivered. When I do the same - I fully expect it to be delivered.

I do feel I presented myself well and correctly and was hugely respectful. It was my 1st time in court in my lifetime

[HandyAndy]

- why would the 2nd court treat me differently?

I'm not saying they would. I'm saying they could and they might. You asked this:

If found not guilty in 1 court is it likely I would be found not guilty in the 2nd as surely the court wouldn’t undermine a previous ruling from another local court,

They would not be undermining it. Whilst records of criminal proceedings in Magistrates' Courts are kept, those proceedings do not form "precedents". That means a decision in one case in the Magistrates' Court cannot be used to influence or support either side in another case. Your second case will be heard as if the first had not happened and even if you mention it in your defence, the Magistrates will (or should be advised by their Legal Advisor to) ignore it.

If you look at it in reverse, if the court found against you in your first case, would you like the second court to be bound by that decision? (No need to answer that!)

In short, your second case is to be heard afresh, untainted by the decision of the first.

[smithy1981]

Thanks. I’ll be honest if I had been found guilty in the 1st one I would have thought I would have been found guilty in the 2nd, and would have accepted it as the details are exactly the same

do you think it would harm my defence if I mentioned it or would make no difference.

[HandyAndy]

I don't think it will make any difference because the Magistrates will (or should) be told to ignore it.

The important thing about any criminal trial is that the outcome should depend solely on the evidence presented. The law cannot cover every eventuality and precedents are set which can be referred to, but they come from the higher courts (the Supreme Court, the High Court, the Court of Appeal and occasionally (though not so persuasively) the Crown Court). But not the Magistrates' Court.