Single Justice Procedure to now include prosecution of companies

As of 4 January 2023, the Single Justice Procedure (“SJP”) has been extended to now include non-imprisonable cases that involve companies. The Single Justice Procedure was introduced under the Criminal Justice and Courts Act 2015 and allows the courts to deal with non-imprisonable summary only offences by way of a Single Magistrate with the assistance of a legal advisor on the prosecution papers alone, without the need for anyone to attend court. Up until now the Single Justice Procedure was only used for individuals.

For companies, non-imprisonable matters for lesser offences include, but are not limited to:

• Excess vehicle weight.
• Tachograph offences.
• Failure to give the identification of a driver.
• Lack of or incorrect operator’s licence.

The way in which Single Justice Procedure is dealt with for companies will be the same as for individuals. The decision whether to prosecute via a Single Justice Procedure or court will be decided by the prosecuting agency.

The provisions of the Single Justice Procedure remain the same and a company can still choose to have their case heard in court if they wish. They will also be able to submit their plea on paper rather than electronically.

A Single Justice Procedure notice will be served on the company, setting out the charge and a brief set of circumstances in relation to the offence. The company will then have 21 days from the date the notice is served to respond by either:

• Pleading guilty online or by post.
• Pleading guilty and requesting a court hearing.
• Pleading not guilty.

Where a Single Justice Procedure notice is issued against a company, the plea and means form (which has been modified to ensure there is the required space to let the court know whether the financial information relates to an individual or company) must be signed by either a:

• Company secretary
• Company director
• Company solicitor

Should the company plead guilty or fail to respond to the notice within the 21-day time limit, a decision will be made by a single magistrate supported by a legal advisor based on the papers provided by the prosecution.

If you or your company have received a Single Justice Procedure Notice it is important to obtain legal advice as early as possible to ensure that the correct plea is entered, where appropriate all relevant mitigation is submitted, and that the best outcome is achieved for the company.

If you or your company do find yourself needing advice, please do not hesitate to contact Tej Thakkar or Zoe Hosking in the Regulatory Department.