The idea
I would like to suggest a review of the process thatenables prosecutors to provide the opportunity for defendants o plead guilty in their absence. I belive the current system is wasteful of public onies for the prosecutors, the CPS and the courts.
I think the review should cover the following areas:-
- Fixed Penalties have removed large numbers of cases from the prosecution provcess. Is there scope of extending this process further, partuclarly in the following areas:-
- cases prosecuted by the police
- cases prosecuted by the TV Licensing Authority
- cases prosecuted for fare evasion by transport undertaking such as trains, buses and trams
2. The DVLA use their electonicrecords to issue fines automatically to those who fail to pay road fund licences. Could this system be extended to other offences such as using a vehicle without a current test certificate
3.The police can use automatic number plate recognition software to determine whether a vehicle is insured. Could this technology be used in conjunction with DVLA records to identify all uninsured vehicles. Could that information then be used, perhaps by a contractor, to locate and clamp those vehicles until valid insurance (or proof of scarpping) is produced rather than pursuing the prosecution route
4.In those cases where none of these is appropriate should the procedure for prosecution laid down in the Magistrates Courts Act be reviewed. I would suggest the following as an alternative:-
- write to the offender poitning out that have been reported for the offence
- tell them what the maximum penalty is
- tell them that that penalty will be imposed after 28 days unless the defendant chooses one of the following options:-
- request a personal appearance before a court
(to save on travelling it should be possible to arrange any such hearing at a court local to the defendant rarher than to the offence and within 28 days)
- make a submission is writing providing mitigationrelating to the offence and details of means
(those submission could be to a single national centre or a number of regional centres)
- provide an option for the proscutor to ask for a personal appearance of the defeant inappropritate cases such as, say, those where the defendant is liable to disqualification from driving
Why is it important?
The exisiting process is currently applied to many minor offences. Although the majority are relatively straight forward it is not unusual for the them to appear on a court list on numerous occasions before they are actually dealt with. I belive that a revision of the process would speed up the prosecution process and enable public expenditure to be reduced considerably