A postal notice headed “single justice procedure notice” can look like an ordinary fine, but it starts a criminal prosecution. This guide covers England and Wales, where the procedure sits in the Magistrates’ Courts Act 1980; the official guidance notes that different rules apply to cases in Scotland and in Northern Ireland.
What the single justice procedure is
When someone is charged with a minor offence, the case may be decided by a magistrate without a courtroom hearing. GOV.UK describes this as the single justice procedure. The legal basis is section 16A of the Magistrates’ Courts Act 1980, inserted by section 48 of the Criminal Justice and Courts Act 2015. It allows a magistrates’ court to try a written charge on the papers where the offence is a summary offence that is not punishable with imprisonment and the accused was 18 or over when charged. The case can be dealt with by a single justice, the court does not have to sit in open court, and it may proceed in the absence of the parties.
The 21-day deadline
The notice comes with the written charge. GOV.UK says there are 21 days from the date shown on the notice to respond, and that the notice explains who brought the case (the police or TV Licensing, for example), how to enter a plea and whether it can be done online. A plea of guilty or not guilty must be given. The statute frames the process around notifications: the case can only be tried on the papers if the accused has not notified the court, within the period set by the Criminal Procedure Rules, that they wish to plead not guilty or do not want to be tried this way.
Pleading guilty
GOV.UK states that a guilty plea can reduce the fine by up to 33%. A defendant who pleads guilty can choose whether to attend court. Without attending, the magistrate decides on the information available and a letter follows with the decision. Attending is possible if the defendant wants to put information to the magistrates in person. Whichever route is chosen, “mitigation”, meaning information about personal circumstances, may reduce a fine or sentence. Under section 16A(3) the court considers only the papers served and any written mitigation submitted by the accused, and may not hear oral evidence.
Pleading not guilty
GOV.UK says a defendant who pleads not guilty has to go to court and give information to the magistrates in person, and a letter will confirm the hearing date. In other words, the papers-only route is not used to decide a disputed case.
What a paper sentence can include
Section 49 of the 2015 Act adds section 121(5A) to the 1980 Act, which limits what a court can do when it tries a case under section 16A. The list includes fines, compensation orders, the victim surcharge, prosecution costs, driving disqualification and endorsement, attachment of earnings orders, benefit deductions, collection orders and discharges. Custody is not on that list, and section 16A(9) says the court may not remand the accused.
If you do not respond
If nothing is returned within 21 days, GOV.UK explains that the magistrate will decide the case without the defendant’s say. A person may be found guilty and sentenced without any reduction for a guilty plea, the fine or penalty points may be higher, and money may be taken from pay or benefits. Someone who did not know about the case can ask for it to be reopened, which GOV.UK says usually has to be done within 21 days of finding out about it.
Where to get help
The notice itself says whether an online plea is available. GOV.UK lists the Courts and Tribunals Service Centre for technical or procedural queries and a separate support line for people without internet access, and points to Advicenow for detailed guidance and to legal advice generally. A free initial consultation may help; see our guide to what to expect from a free initial legal consultation.
FAQs
Can I be sent to prison under the single justice procedure?
Section 16A applies only to summary offences that are not punishable with imprisonment, and the sentencing powers in section 121(5A) do not include custody.
Do I have to go to court if I plead guilty?
No. GOV.UK says a defendant who pleads guilty can choose whether to attend, and the magistrate can decide on the papers.
Will I be told the outcome?
GOV.UK says a letter with the magistrate’s decision is sent to a defendant who did not attend court. The Courts and Tribunals Service Centre can also give case information if you quote the case reference number from the notice.
I never received the notice. What can I do?
GOV.UK says a case can be reopened if the defendant did not know about it, usually by acting within 21 days of finding out.
The bottom line
In England and Wales a single justice procedure notice starts real criminal proceedings with a short response window. The 21-day deadline matters because ignoring the notice means a decision is made without the defendant’s input and without any credit for pleading guilty. A guilty plea can reduce a fine by up to 33%, a not guilty plea leads to a hearing, and written mitigation is the way to put personal circumstances before the court. This is general information, not legal advice on a particular case.