What happens in a Magistrates Court hearing for a speeding allegation?

Even if you have a trial, the court may have booked your trial to take place at the same time as another trial and there may therefore be a long wait while the other trial is heard first. This will be especially likely if the other trial concerns domestic violence, as such cases are almost always given priority over motoring matters.

If your case is listed to be heard in the morning, for the above reasons, it is not impossible that in fact it won’t be heard until the afternoon. If it is an afternoon case there is also a chance that the court will run out of time and your case will have to be put over until another day. This is something that most people are very anxious to avoid as they have often taken time off work to attend court, and taking another day off can be difficult. If you have a solicitor representing you, you can ask them to make representations to the court as to why your matter should not be delayed.

Can I talk to the prosecutor before my court hearing?

You, or your solicitor, if you have instructed one, may want to use the time before the hearing takes place to make representations to the prosecutor. This is a common practice at the Magistrates Court. You may want to do this if you face two allegations and you want the prosecution to drop one in return for a guilty plea to the other. For example, if you are accused of a speeding offence and an allegation of failing to identify the driver that arose out of the speeding matter then it is very common for a prosecutor to agree to drop the matter of failing to identify the driver in return for a guilty plea to the speeding offence.

Another common scenario may occur where you were going to plead guilty to an offence but you disagree with the way that the prosecutor intends to describe what took place in court. You, or your solicitor, could offer the prosecutor a guilty plea in return for them agreeing to modify what they were going to say about what took place so that it is more favourable to you.

Such “deals” should be done when the Magistrates are out of the court, and therefore should take place either before the court starts hearing cases, or during the lunch-break. However, you ,or your solicitor, will also get a chance to speak to the prosecutor if the Magistrates decide to retire to consider another case. The usher for that court will be able to inform you when this has happened.

What will I need to do when I am ready to have my hearing?

When you feel ready to go into the court, you, or your solicitor, should let the usher know. The ushers are unmistakeable as they wear long black gowns and can be seen frequently entering and leaving the courtroom. The usher should then be able to give you a time estimate as to when your case will be called. This will depend on how many cases were ready before yours. Bear in mind that this time estimate can radically change and therefore you shouldn’t stray far from the courtroom.

What happens at the start of my Magistrates Court hearing?

Eventually the usher will notify you that your case has been called. You and your solicitor, if you have one, will now enter the courtroom. If you are pleading guilty you, or your solicitor, will pass to the court clerk (the legal advisor) your driving licence, completed statement of means form, and any letters or medical evidence in support of your case.

The usher will show you where to stand. If you are facing a non-imprisonable allegation (for example speeding) this will normally be in front of the dock. If, however, you are facing an allegation of an imprisonable offence (for example, drink driving) this will normally be in the dock itself. The first person to address you will be the court clerk ( the legal advisor). You should remain standing while you are addressed. You will be asked to confirm your name and date of birth. The motoring allegation will then be put to you and you will be expected to say whether you plead guilty or not guilty.

What is the court procedure if I am pleading guilty to a speeding offence?

If you plead guilty to speeding, or any other motoring allegation then, normally straight after this, the prosecutor will stand up and explain the nature of the allegation to the Magistrates. After this, you, or your solicitor, will stand up and will be able to put forward favourable points about your case. This is called your mitigation. If you are before the court for a relatively serious speeding offence then this will normally involve trying to persuade the magistrates not to disqualify you from driving but instead to impose penalty points on your driving licence. If you are pleading guilty to a drink driving offence then a minimum 12 month ban is compulsory but you, or your solicitor, will still want to address the Magistrates as to why your ban shouldn’t be much longer than this.

What is an exceptional hardship argument?

If you are pleading guilty, or are found guilty, of a motoring offence, such as speeding, and this brings your total amount of points to 12 penalty point or more then the Magistrates are meant to disqualify you for at least 6 months. However, if you, or your solicitor, can persuade the Magistrates that you, or others, will suffer exceptional hardship then provided you haven’t used these arguments in the previous 3 years the Magistrates can choose not to disqualify you at all, or to disqualify you for less then 6 months.

What is the procedure involved in an exceptional hardship argument?

The procedure involved in an exceptional hardship argument consists of you first taking the oath, or making an affirmation, that you will tell the truth before the court. You, or your solicitor, can then put forward all the reasons why you and others would suffer exceptional hardship if you couldn’t drive. It is much easier if you have a solicitor who can ask you questions in the hearing and so prompt you to give the relevant information to the court, and hopefully back these arguments with written documentation. After you have put forward your arguments then the prosecutor will be able to ask you questions and they may try to undermine your case. You, or your solicitor, can then make a closing speech. The Magistrates will then normally retire to decide if they find exceptional hardship. They will then re-enter the courtroom and announce their decision.

What is the court procedure in a trial for a speeding allegation?

After you have reconfirmed your not-guilty plea to the speeding allegation, or any other motoring matter, the prosecutor will outline the case against you. Once this opening speech has taken place, the prosecutor will call the witnesses they want to rely on in the trial. For example, concerning a speeding allegation they may call the police officer who recorded your speed to give evidence. The prosecutor will be able to ask their witnesses questions first. Once this has taken place you, or your solicitor, will be able to ask the prosecution witnesses questions.

After all the prosecution witnesses have been questioned, then it will be your turn to give evidence. You will be asked to give your account to the Magistrates as to what took place. If you have a solicitor they will help you to do this by asking you questions. After this, the prosecutor will then be able to question you.

When you have finished giving your evidence you, or your solicitor, will be able to call your witnesses to give their accounts. These will be people who will be able to support your defence. For example, in a speeding case someone who was in the car with you who can say that you didn’t exceed the speed limit (it should be noted that your witness should not have been in the courtroom before being called to give evidence or they would be barred from doing so). As they are your witnesses they will first be questioned by you, or your solicitor, and then by the prosecutor.

It should be noted that when anyone gives evidence at a trial they will first be asked to swear an oath. This will either be done using a religious text, or if they so choose they could just affirm that they are telling the truth.

After the Magistrates have heard all the evidence it will be time for the closing speeches. The prosecutor will first give their closing speech emphasising all the reasons why you should be found guilty. You, or your solicitor, will then be able to make a closing speech summing up the nature of your defence and why you should not be found guilty. The Magistrates will then normally retire to make their decision, before coming back into court to say whether they find you guilty or not guilty. If you are found not guilty, the case is over and you can leave the courtroom. If you are found guilty then the Magistrates will normally proceed straight onto sentencing you. You, or your solicitor, can then ask for leniency. This is called your mitigation. Often this will involve a request that you are not disqualified. The Magistrates may then retire once more before sentencing you.

Should you have a solicitor to represent you in the Magistrates Court?

You will see from the above that whatever type of hearing you have before the Magistrates Court concerning a speeding offence, or another motoring allegation, matters can become complex and a good solicitor to guide you through the process will greatly increase your chances of success. Your solicitor will be skilled at trying to come to an agreement, if necessary, with the prosecutor before the hearing takes place, or in cross-examining prosecution witnesses during a trial, or in asking for leniency if you are pleading, or are found, guilty, or putting you in a favourable light before the court during an exceptional hardship argument.

It is crucial that your solicitor, if you are using one, not only should have years of experience dealing with cases of this type, but that they should also be familiar with that particular Magistrates Court. This is because all Magistrates Courts do things a little differently from each other, and being familiar with that court’s particular methods, and also with the Magistrates, prosecutors and court staff themselves, is a huge advantage.

At Speeding Law Solicitors we have a very high success rate for representing clients throughout England and Wales. Philip Hatvany, our founding solicitor, from 2011 to the present day, has over a 85% success rate for exceptional hardship cases, and over a 80% success rate for winning motoring trials going back to 2011.  If you receive a court summons, or postal requisition, for speeding, or any other motoring allegation, call Philip now on freephone 0800 909 8110 for free initial advice.