sjpn for No insurance - will loose licence

[harimalone]

Correct. I think we’ve already done this once (posts #10 and #11).



It depends on the court how much they will hear. Depending on their workload they may adjourn your case to another hearing.

Nonetheless, whenever it goes ahead I think the first thing they should determine is whether a Newton Hearing” (NH) is required. If it is, it’s almost certain to be adjourned. You must ensure the court is aware of your “basis of plea”. You must emphasise that it disagrees with what the prosecution will offer as a “statement of facts” and that you believe that if the prosecution’s version of events is used it will compromise your Special Reasons (SR) argument. The prosecution will be asked if they are prepared to proceed on your basis. If they are, no NH will be necessary (and your version of events, rather than that of the prosecution, must prevail when the court considers your SR argument). If they are not, a NH will have to be ordered and the officer asked to attend.

If your basis is accepted that just leaves your Special Reasons (SR) argument. Presumably your argument will be that cover was purchased before you began driving (for which you should provide evidence) and it was an error (made by your partner?) which led to cover not beginning until 12:30. You therefore had no reason to believe you were not covered when you set off. Evidence from your partner may assist. Although it is ultimately your responsibility to ensure cover is in place (hence your guilty plea) in the circumstances you describe, asking her to arrange temporary cover was not unreasonable and it was unfortunate that the error was made.

Thanks for this Andy! helped a great deal. Quick question in terms of providing the evidence to prosecution (the bank statement that shows time of purchase). Do I just print out a few copies and bring this on the day. Also in terms of my partner providing evidence would this be better in person or is a witness statement sufficient (do I just print out and bring with me?)

quick want to make things clear now im having a SR meeting want to ensure I haven't missed anything 15 days away from court date.

[harimalone]

We usually hear special reasons in a normal traffic court. If a NH is needed it will be another court date I assume. HA has hit the nail on the head - the mags will have to decide if they do not accept the officers statement will it make a difference to the sentence. It may well do, as if I were hearing this case there would be a difference between making the decision to drive uninsured and then panic buying on being stopped and doing the right thing, trying to be insured but making an error re the timing. Clearly the OP is guilty, but it is to what degree...

Yep thanks for this. quick question In the traffic court who will be there i.e prosecution ? how is the set up and who will I be explaining myself to

[HandyAndy]

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...in terms of providing the evidence to prosecution (the bank statement that shows time of purchase). Do I just print out a few copies and bring this on the day.

Take five copies: one for each of the three magistrates, one for their Legal Advisor (who sits in front of them) and one for the prosecutor.

Also in terms of my partner providing evidence would this be better in person or is a witness statement sufficient (do I just print out and bring with me?)

You should tell the court in advance that you intend to introduce evidence from your partner. Get her to write a statement and send it to the court. If you have a contact with the police who are dealing with your case, tell them as well. It is up to the prosecutor whether or not your partner's statement is accepted or whether they want her to give "live" evidence in court (so that she may be cross-examined).

quick question In the traffic court who will be there i.e prosecution ? how is the set up and who will I be explaining myself to

There will be "The Bench". This will either be three "lay" magistrates or a "District Judge" sitting alone. In the areas that I know of it will more likely be three magistrates (DJs do not usually sully their hands with traffic matters!).

There will be a prosecutor. In most areas in E&W the police rather than the CPS prosecute straightforward traffic matters. You will provide your evidence to The Bench. After that the prosecutor may wish to question you about that evidence. Although the court's Legal Advisor's primary duty is to advise the Magistrates on legal matters, (s)he also has a duty to you, as an unrepresented defendant, to guide you through the court process (though (s)he cannot provide legal advice)..

[harimalone]

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Take five copies: one for each of the three magistrates, one for their Legal Advisor (who sits in front of them) and one for the prosecutor.



You should tell the court in advance that you intend to introduce evidence from your partner. Get her to write a statement and send it to the court. If you have a contact with the police who are dealing with your case, tell them as well. It is up to the prosecutor whether or not your partner's statement is accepted or whether they want her to give "live" evidence in court (so that she may be cross-examined).



There will be "The Bench". This will either be three "lay" magistrates or a "District Judge" sitting alone. In the areas that I know of it will more likely be three magistrates (DJs do not usually sully their hands with traffic matters!).

There will be a prosecutor. In most areas in E&W the police rather than the CPS prosecute straightforward traffic matters. You will provide your evidence to The Bench. After that the prosecutor may wish to question you about that evidence. Although the court's Legal Advisor's primary duty is to advise the Magistrates on legal matters, (s)he also has a duty to you, as an unrepresented defendant, to guide you through the court process (though (s)he cannot provide legal advice)..

Okay so printing of bank documents / insurance docs is all fine to bring on the day (no advance warning needed for this), However for the witness statement from my partner I have to give them advance warning of this. I don't have any police communication at this point. Should I just email the court my partners witness statement?

secondly in your opinion what do you think works better, I explain to the Mag's the backstory backed up my by partners witness statement along with the bank statement that shows I purchased prior to leaving. Or I explain the backstory with live evidence from my partner ... does one outweigh the other in terms of credibility?

Thanks for great detailed explanation! never knew Magistrates were just volunteers

[islandgirl]

Indeed we are - though we are trained. In my court the usual prosecutors who we see regularly also do traffic matters such as this. I would call your partner as a witness but see what HA says! The legal advisors are usually excellent with unrepresented people and guide them every step of the way. We mags also try to make it as unintimidating as possible

[harimalone]

.

Take five copies: one for each of the three magistrates, one for their Legal Advisor (who sits in front of them) and one for the prosecutor.



You should tell the court in advance that you intend to introduce evidence from your partner. Get her to write a statement and send it to the court. If you have a contact with the police who are dealing with your case, tell them as well. It is up to the prosecutor whether or not your partner's statement is accepted or whether they want her to give "live" evidence in court (so that she may be cross-examined).



There will be "The Bench". This will either be three "lay" magistrates or a "District Judge" sitting alone. In the areas that I know of it will more likely be three magistrates (DJs do not usually sully their hands with traffic matters!).

There will be a prosecutor. In most areas in E&W the police rather than the CPS prosecute straightforward traffic matters. You will provide your evidence to The Bench. After that the prosecutor may wish to question you about that evidence. Although the court's Legal Advisor's primary duty is to advise the Magistrates on legal matters, (s)he also has a duty to you, as an unrepresented defendant, to guide you through the court process (though (s)he cannot provide legal advice)..

Any idea what works best? court in T-10 days so need to get witness statements / live evidence options prepared. In the meanwhile I may just email the court the witness statement and mention my partner may be potentially coming into court to provide live evidence depending on calendar availability. just so things are open.

[harimalone]

Indeed we are - though we are trained. In my court the usual prosecutors who we see regularly also do traffic matters such as this. I would call your partner as a witness but see what HA says! The legal advisors are usually excellent with unrepresented people and guide them every step of the way. We mags also try to make it as unintimidating as possible

Okay! thanks for your service. As a magistrate if you saw my case what would you lean towards better - live evidence from my partner or witness statement?

[islandgirl]

If your partner is willing to give live evidence regarding the exact time the application was made and was there with you when it was and saw you do it, and can say that you both truly belived the insurance was live when you drove off, then live evidence would certainly be in your favour. As Handyandy says, she will have to be prepared to be cross examined. The main issue will be the time of the application of course and when and how it was made. Given that this is a fundamental issue I cannot see the prosecutor being happy to agree written evidence on this anyway.

[HandyAndy]

IIRC it was the partner who actually purchased the cover.

Might be best to get her to make a statement, submit it to the police saying you intend to use it as evidence unless they object. If they do object she will have to give live evidence.

I don't actually see you having much difficulty proving it was purchased at 12:08 because you have a bank record of the transaction taking place at that time..

[islandgirl]

Ah sorry - thought it was the OP! Agree with the above totally. But the prosecution may wish to get to the bottom of when they believed cover started etc and may wish to cross examine.

[HandyAndy]

No Probs!

Yes I agree. I think the prosecution may want the opportunity to "probe" a little, so best to tell them up front.

[wales01man]

When cover started is the defence not when it was brought ?

[islandgirl]

The cover started after they began driving so they were uninsured at the time. The defence (not that there is any defence so rather the mitigation) is that they believed they were covered from when the payment was made not some time later

[wales01man]

The cover started after they began driving so they were uninsured at the time. The defence (not that there is any defence so rather the mitigation) is that they believed they were covered from when the payment was made not some time later

Think i will try that i thought i was covered slam dunk no conviction hope the OP is not getting false hope here

[islandgirl]

Doesn't work like that! We have loads of people who say "I thought it had gone out of my account" "My ex cancelled the insurance and did not tell me" etc etc. Heard it all. It doesn't wash and they are still guilty of driving without insurance. The difference can be in the penalty imposed (eg ban, no ban, short ban etc)