Rymer v DPP
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE HOOPER |
| Judgment Date | 21 July 2010 |
| Neutral Citation | [2010] EWHC 1848 (Admin) |
| Docket Number | Case No: 200904176 D5 |
| Court | Queen's Bench Division (Administrative Court) |
| Date | 21 July 2010 |
[2010] EWHC 1848 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Before: Lord Justice Hooper
Mrs Justice Rafferty Dbe
Case No: 200904176 D5
Mr. N. Bell (instructed by Stevens Solicitors) for the Appellant.
Mr. H. Watson (instructed by DPP) for the Respondent.
Hearing dates: 30 th June 2010
This is the judgment of the Court
This is an appeal by way of case stated from the Justices for the County of Cheshire acting in and for the Local Justice Area of South Cheshire in respect of their adjudication as a Magistrates’ Court (“MC”) sitting at Crewe on 2 November 2009.
At the conclusion of the hearing we adjourned judgment. We asked for further submissions on two points and we have received them.
The question of law arises in the following circumstances:
i) a person has received in the post a requisition for a summary offence and has chosen to plead guilty by post;
ii) his written plea of guilty has been accepted at a hearing in his absence and a conviction has been recorded;
iii) the MC has then adjourned the case to consider whether the person should be disqualified from driving; and
iv) at the adjourned hearing before sentence the MC is informed that the person now wishes to plead not guilty.
The question of law is: “Does the person have an automatic right to plead not guilty or must he show the MC a good reason why he should be allowed to change his plea?”
The MC in this case held that he had no automatic right to plead not guilty at the adjourned hearing. The appellant disputes that relying, in particular, on section 12(9) of Magistrates’ Courts Act 1980 (“MCA 1980”).
The procedure for pleading guilty by post and for what happens thereafter is laid down in sections 12 and 12A of the MCA. Section 12A is only of marginal help in the resolution of the appeal.
Requisitions
We start by explaining what postal requisitions are.
Until recently a criminal case could only start in the MC by either the issue of a summons or a warrant. Summonses are issued by the MC. The Criminal Justice Act 2003 permits proceedings to be started by means of a requisition. Under section 29(1) of the Act:
A public prosecutor may institute criminal proceedings against a person by issuing a document (a “written charge”) which charges the person with an offence.’
Section 29 is not yet fully in force. The procedure for which it provides so far is available only to some public prosecutors, and in some places. It was brought into force for use on and after 3 rd June, 2008, in cases instituted by a police force in the Magistrates’ Court at Crewe (with which this appeal is concerned), by article 3 of the Criminal Justice Act 2003 (Commencement No. 21) Order 2008, SI 2008/1424.
By section 29(2):
Where a public prosecutor issues a written charge, it must at the same time issue a document (a “requisition”) which requires the person to appear before a magistrates’ court to answer the written charge.
The expression ‘public prosecutor’ is defined by section 29(5). It includes “a police force or a person authorised by a police force to institute criminal proceedings”.
By section 30(1):
Criminal Procedure Rules may make—
(a) provision as to the form, content, recording, authentication and service of written charges or requisitions, and
(b) such other provision in relation to written charges or requisitions as appears to the Criminal Procedure Rule Committee to be necessary or expedient.
The relevant rules are contained in Part 7 of the Criminal Procedure Rules. Rule 7.4 provides, in so far as requisitions are concerned:
(1) …
(2) A … requisition may be issued in respect of more than one offence.
(3) A … requisition must—
(a) contain notice of when and where the defendant is required to attend the court;
(b) specify each offence in respect of which it is issued; and
(c) identify the person under whose authority it is issued.
(4) …
(5) A requisition may be contained in the same document as a written charge.
(6) …
(7) Where a public prosecutor issues a requisition that prosecutor must—
(a) serve on the defendant—
(i) the requisition, and
(ii) the written charge; and
(iii) serve a copy of each on the court officer.
…
The effect of section 30(5) is to equate a “written charge” with an “information” and a “requisition” with a “summons”. Section 30(5) provides:
Except where the context otherwise requires, in any enactment contained in an Act passed before this Act—
(a) any reference (however expressed) which is or includes a reference to an information within the meaning of section 1 of the Magistrates’ Courts Act 1980 (c 43) (or to the laying of such an information) is to be read as including a reference to a written charge (or to the issue of a written charge),
(b) any reference (however expressed) which is or includes a reference to a summons under section 1 of the Magistrates’ Courts Act 1980 (or to a justice of the peace issuing such a summons) is to be read as including a reference to a requisition (or to a public prosecutor issuing a requisition).
We turn now to section 12 of the MCA 1980 which permits in defined circumstances pleas of guilty by post and prescribes the procedure to be followed in the MC for dealing with such pleas.
Section 12 of the Magistrates’ Courts Act 1980 and Rule 37.8 of the Criminal Procedure Rules
The original section 12 in the 1980 Act was repealed and replaced with a new section 12 by the Criminal Justice and Public Order Act 1994, s 45, Schedule 5, paragraph 1, which also inserted a new section 12A. There have been other amendments but we shall only identify them if relevant to this appeal.
Section 12 now reads as follows in so far as material to this appeal (in the light of section 30(5) of the Criminal Justice Act 2003 we have added in square brackets the words “written charge”“requisition” respectively where the words “information” and “summons” appears):
1) This section shall apply where—
(a) a summons [requisition] has been issued requiring a person to appear before a magistrates’ court …, to answer to an information [written charge] for a summary offence …
(b) the designated officer for the court is notified by or on behalf of the prosecutor that the documents mentioned in subparagraph (3) below have been served upon the accused with the summons [requisition].
(2) …
(3) The documents referred to in subparagraph (1)(b) above are—
(a) a notice containing such statement of the effect of this section as may be prescribed;
(b) either of the following, namely—
(i) a concise statement of such facts relating to the charge as will be placed before the court by the prosecutor if the accused pleads guilty without appearing before the court, or
(ii) a copy of such written statement or statements complying with subparagraphs (2)(a) and (b) and (3) of section 9 of the Criminal Justice Act 1967 (proof by written statement) as will be so placed in those circumstances; and
(c) if any information relating to the accused will or may, in those circumstances, be placed before the court by or on behalf of the prosecutor, a notice containing or describing that information.
(4) Where the designated officer for the court receives a notification in writing purporting to be given by the accused or by a legal representative acting on his behalf that the accused desires to plead guilty without appearing before the court—
(a) the designated officer for the court shall inform the prosecutor of the receipt of the notification; and
(b) the following provisions of this section shall apply.
(5) If at the time and place appointed for the trial or adjourned trial of the information [requisition]—
(a) the accused does not appear; and
(b) it is proved to the satisfaction of the court, on oath or in such manner as may be prescribed, that the documents mentioned in subparagraph (3) above have been served upon the accused with the summons [requisition],
the court may, subject to section 11(3) and (4) 1 above and subparagraphs (6) to (8) below, proceed to hear and dispose of the case in the absence of the accused, whether or not the prosecutor is also absent, in like manner as if both parties had appeared and the accused had pleaded guilty.
(6) If at any time before the hearing the designated officer for the court receives an indication in writing purporting to be given by or on behalf of the accused that he wishes to withdraw the notification—
(a) the designated officer for the court shall inform the prosecutor of the withdrawal; and
(b) the court shall deal with the information [written charge] as if the notification had not been given.
(7) Before accepting the plea of guilty and convicting the accused under subparagraph (5) above, the court shall cause the following to be read out before the court by the clerk of the court, namely the information [written charge] sent by the police to the defendant:
…
(c) the notification under subparagraph (4) above; and
(d) any submission received with the notification which the accused wishes to be brought to the attention of the court with a view to mitigation of sentence.
…
(8) If the court proceeds under subparagraph (5) above to hear and dispose of the case in the absence of the accused, the court shall not permit—
(a) any other statement with respect to any facts relating to the offence charged; or
(b) any other information relating to the accused,
to be made or placed before the court by or on behalf of the prosecutor except on a resumption of the trial after...
To continue reading
Request your trial