Your case has been considered and the decision to prosecute has been made.

Why am I being prosecuted?
The Vehicle Inspectorate has a number of functions which make up its core activities and support it's underlying aim of road safety. One such function is prosecution in Court. This will be pursued if the deciding officer in the case considers it is most appropriate action given due regard to all of the circumstances and the matter of public interest.

You will then receive a letter by post.

If your case is being heard in England/Wales;

There will be a notice to attend court

Should I attend the Court?
If you have received forms that indicate that you can plea by post then you need not attend Court. You can advise the Court how you wish to plea and provide any mitigation you wish to put forward. However, this does not restrict you if you want to attend Court if you can do so. If however you receive a summons and letter of acknowledgement and there is no indication that you can plead by post, you must attend. If you are unsure how to plead, you may wish to seek legal advice.

Attend court at the date and time notified.

Can I have an adjournment?
You should seek permission for an adjournment with the particular Court where your case will be heard. You should be prepared to explain the reasons behind this request. It is at the discretion of the Court as to whether an adjournment is granted or not, although sometimes the prosecutors view is sought.

Can I settle out of Court?
If you dispute the facts of the case, you need to speak to the deciding officer. You can also make the deciding officer aware of any information, you may wish him/her to know. However once a case has been lodged with the Court there are no penalty alternatives.

Once your case has been heard you may be found;

Not Guilty, in which case you need take no further action and the case will be complete.

Guilty;
If you are found guilty the Court will decide the penalty and any award of costs., Your driving licence may be affected, including the vocational part, the Traffic Commissioner has the authority to suspend or revoke it. In the same way if you hold an Operators Licence this too can be affected and the conviction will be on record for five years and can be quoted in any future prosecution case.

The following is intended as a guide to fine and penalty levels.

Fine & Penalty Levels

Criminal Justice Act 1982;
The standard scale of fines for summary offences.

Level on the scale - Amount of fine

1 - £200
2 - £500
3 - £1,000
4 - £2,500
5 - £5,000

THE COURT WILL ADVISE YOU WHAT LEVEL APPLIES TO THE OFFENCE WITH WHICH YOU ARE CHARGED

If you do not agree with a conviction you have the right to appeal:

Appeal

You can appeal against conviction (offence)
You can appeal against sentence (fine)
Either appeal option must be taken within 21 days of hearing.
The courts will advise on appeal procedures.

Re-open the case?
Definition of re-opening case

Section 142 of the Magistrates' Courts Act 1980 enables Magistrates' Court to re-open cases in order that mistakes be rectified including where the defendant has pleaded not guilty or been convicted in his absence. The Magistrates' Court may vary or rescind a sentence or other order imposed or made by it if it appears to the court to be in the interests of justice to do so.

This power however is not exerciseable in relation to any sentence or order imposed or made by it when dealing with an offencer if the Crown Court has determinded an appeal.

Where a person is convicted by a Magistrates' Court and is subsequently appears to the court that it would be in the interests of justice that the case should be heard again by different justices, the court may so direct.

However, again this power is not exerciseable in relation to a conviction if the Crown Court has determinded an appeal.

This procedure will differ if your case is to be heard in Scotland.

Your case has been considered and the decision to prosecute has been made.

Why am I being prosecuted?
The Vehicle Inspectorate has a number of functions which make up its core activities and support it's underlying aim of road safety. One such function is prosecution in Court. This will be pursued if the deciding officer in the case considers it is most appropriate action given due regard to all of the circumstances and the matter of public interest.

You will then receive a letter by post.

If your case is being heard in Scotland;

There will be a notice to attend court

Should I attend the Court?
If you have received forms that indicate that you can plea by post then you need not attend Court. You can advise the Court how you wish to plea and provide any mitigation you wish to put forward. However, this does not restrict you if you want to attend Court if you can do so. If however you receive a summons and letter of acknowledgement and there is no indication that you can plead by post, you must attend. If you are unsure how to plead, you may wish to seek legal advice.

Attend court at the date and time notified.

Can I have an adjournment?
You should seek permission for an adjournment with the particular Court where your case will be heard. You should be prepared to explain the reasons behind this request. It is at the discretion of the Court as to whether an adjournment is granted or not, although sometimes the prosecutors view is sought.

Can I settle out of Court?
If you dispute the facts of the case, you need to speak to the deciding officer. You can also make the deciding officer aware of any information, you may wish him/her to know. However once a case has been lodged with the Court there are no penalty alternatives.

Once your case has been heard you may be found;

Not Guilty, in which case you need take no further action and the case will be complete.

Guilty;
If you are found guilty the Court will decide the penalty and any award of costs., Your driving licence may be affected, including the vocational part, the Traffic Commissioner has the authority to suspend or revoke it. In the same way if you hold an Operators Licence this too can be affected and the conviction will be on record for five years and can be quoted in any future prosecution case.

The following is intended as a guide to fine and penalty levels.

Fine & Penalty Levels

Criminal Justice Act 1982;
The standard scale of fines for summary offences.

Level on the scale - Amount of fine

1 - £200
2 - £500
3 - £1,000
4 - £2,500
5 - £5,000

THE COURT WILL ADVISE YOU WHAT LEVEL APPLIES TO THE OFFENCE WITH WHICH YOU ARE CHARGED

If you do not agree with a conviction you have the right to appeal:

Appeal

You can appeal against conviction (offence)
You can appeal against sentence (fine)
Either appeal option must be taken within 21 days of hearing.
The courts will advise on appeal procedures.

Re-open the case?
Definition of re-opening case

Section 142 of the Magistrates' Courts Act 1980 enables Magistrates' Court to re-open cases in order that mistakes be rectified including where the defendant has pleaded not guilty or been convicted in his absence. The Magistrates' Court may vary or rescind a sentence or other order imposed or made by it if it appears to the court to be in the interests of justice to do so.

This power however is not exerciseable in relation to any sentence or order imposed or made by it when dealing with an offencer if the Crown Court has determinded an appeal.

Where a person is convicted by a Magistrates' Court and is subsequently appears to the court that it would be in the interests of justice that the case should be heard again by different justices, the court may so direct.

However, again this power is not exerciseable in relation to a conviction if the Crown Court has determinded an appeal.