The defendant had pleaded guilty by post, but on being called to court to face a possible disqualification from driving he was refused the chance to re-open his plea. The action had been begun under the written charge procedure introduced by the 2003 Act. The notification he had been given said that the conviction dated from the first hearing.
Held: The defendant’s appeal failed. The adjourned hearing was a resumption of the hearing at which the conviction had already been entered, and the defendant had no automatic right to re-open his plea. Nevertheless the court to which the case was remitted should hear a request to be allowed to re-open the plea on established principles.
Judges:
Hooper LJ, Rafferty J
Citations:
[2010] EWHC 1848 (Admin), (2010) 174 JP 473
Links:
Statutes:
Magistrates’ Courts Act 1980 12(9), Criminal Justice Act 2003 29(1), Criminal Justice Act 2003 (Commencement No. 21) Order 2008 (SI 2008/1424), Criminal Procedure Rules 2010 37.8
Jurisdiction:
England and Wales
Magistrates, Road Traffic, Criminal Practice
Updated: 06 February 2022; Ref: scu.420996