Summons to magistrates court

[WesternLancer]

Bit of an update ...
I managed to speak to a lovely lady at the court and she gave me some clarification on the matter.
My case was looked at my the magistrate and decided from my ‘guilty plea’ and the circumstances put forward that they hear from the northern rail prosecutor?
It’s a case heard in front of a legal advisor and Magistrate???
I asked if I had get been convicted and she said no.
She stated I need not attend court as they already have my plea that I sent them on the ‘single justice procedure notice’ via email.
I must of asked her about 10 times to clarify that part and she said I definitely don’t need to attend and no warrant will be put out for me not showing.
I asked if I should get a solicitor and she said although she ‘shouldn’t’ advice, she didn’t think it looked necessary. ????
She confirmed whatever happened, I would not be going to jail.

Feel a massive relief however still not fully understanding the matter. That was all the information she was able to give me and wouldn’t state what the magistrate wanted from the prosecution.

oh and it would more than likely be adjourned for up to 12 weeks.

Thanks for update, hopefully others more familiar with court process will be able to add some helpful info on this for you given the nature of your conversation.
And also, as I forgot to say before, good luck with all this and thanks for your work in the ambulance service! All sensible people will appreciate how valuable this is.

 

[Hadders]

Thank you for giving us an update. I would always appear in court in person when the time comes as it shows you take your responsibilities seriously. It also offers you the chance to offer some mitigation in person which hopefully will be seen in a good light by the magistrates and reflected in the sanction imposed.

 

[some bloke]

@Milton123, thank you - that's at least one error (by the court staff) sorted out. You could email the court staff asking them to confirm the position in writing.

As a next step, is your job regulated by the Health and Care Professions Council, which regulates paramedics? If it is, please read this:

9.5 You must tell us as soon as possible if:
– ...you have been charged with, or found guilty of, a criminal offence

https://www.hcpc-uk.org/standards/standards-of-conduct-performance-and-ethics/

If it applies to you, please tell them in writing and make sure you have a record of having done so - you could ask them to confirm in writing that they've been notified. But please remember this is a minor matter. A phone call might reassure you that they aren't bothered about this kind of thing, and then writing the letter might be easier.

You can write, "I submitted a guilty plea, but now I am taking legal advice".

It's hard to see how this could show you are even a bit unsuitable to work for the ambulance service, even if you were convicted. Hopefully they won't be bothered about any short delay, especially given current circumstances.

Then you could pick up the phone to UNISON, to get some free legal advice that hopefully will clarify some things.

 

[Milton123]

Thanks again everyone. I’m speaking to the union tomorrow with regards of what to tell my employer/professional bodies.

not sure If anyone can answer but as there hasn’t been a conviction yet, could I try re-contacting northern rail and attempting an out of court fine or is it in the courts hands now? Not sure if they can stop any proceeding at this point?

And hope everyone is taking care .... hopefully things will get easier for us all soon!

 

[some bloke]

You could still try for a settlement (a fine is what the courts impose). As the courts aren't functioning normally, the company might be more than usually happy to sort it out that way.

No-one in this thread has yet shown any cases where someone was found guilty under that section, for doing what you did. Of course one option is just to try and get a settlement to get rid of the case, but @furlong and I think it could be worth talking to a solicitor about whether you are guilty.

If HCPC want to see the text of the charge, and in any case if you talk to the solicitor via UNISON, make sure they have the whole text of section 5(1), not just the bit on the charge sheet.

https://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5

 

[some bloke]

The company can drop the case and settle (or just drop the case) at any point beforehand. If they don't say yes, you can try again. (The last resort when there's no national emergency is to go to the court building early and try to persuade the prosecutor. That has worked sometimes.)

Thank you for the good wishes, and I hope you're doing well in the circumstances.

 

[Milton123]

Thank you to everyone that offered advise on this matter. I am pleased to tell you all that it has been resolved.

I sent an email to the appeals/disputes department explaining that I had not received previous correspondence and wished to sort without the need for court

Received an email this morning offering a payment of the original penalty plus small admin fee and court to be withdrawn.

To say I am relieved is an understatement. Thanks again everyone and stay safe xx

 

[Brissle Girl]

That’s really good to hear and thank you for letting us know the outcome.

 

[38Cto15E]

Well done Milton123, and once again, thanks for letting railforums know the outcome of your case.

 

[WesternLancer]

Thank you to everyone that offered advise on this matter. I am pleased to tell you all that it has been resolved.

I sent an email to the appeals/disputes department explaining that I had not received previous correspondence and wished to sort without the need for court

Received an email this morning offering a payment of the original penalty plus small admin fee and court to be withdrawn.

To say I am relieved is an understatement. Thanks again everyone and stay safe xx

Good to hear, thanks for posting - glad to hear they were up for sorting this in a sensible and prompt way - and all the best to you and your colleagues in the Ambulance service. Thanks for what you all do.

 

[BrianW]

Thank you for letting us know Milton; and for what you are doing for us.