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Written question asked by Wayne David (Labour) on Friday, 23 February 2024, in the House of Commons. It was due for an answer on Wednesday, 28 February 2024 (named day). It was answered by Mike Freer (Conservative) on Wednesday, 28 February 2024 on behalf of the Ministry of Justice.

Administration of Justice

Question

To ask the Secretary of State for Justice, what (a) support and (b) information is available to defendants who are prosecuted under the single justice procedure if they believe their prosecution is not in the public interest.

Answer

It is down to the prosecutor to decide whether the prosecution is in the public interest. The defendant can seek independent legal advice if they wish to.

There are several safeguards built into the Single Justice Procedure (SJP) process to ensure a defendant’s fair trial rights are protected. Defendants retain the right to request a court hearing at any point before their case is considered by a magistrate under the SJP. SJP is available where they waive that right, either expressly, or by failing to respond to the notice, but only in circumstances where the court has first satisfied itself that the relevant documents were served on the accused.

HMCTS provides support channels to defendants who require clarification of information and processes in relation to the SJP ranging from web chat or telephone assistance to more intensive face-to-face assistance via our Courts & Tribunals Service Centre and the ‘We Are Group’ which provides digital support, advice and support.

Secondary information

Type
Written question
Reference
15412
Session
2023-24
Subjects
Administration of justice Prosecutions
Link
View this Written question on www.parliament.uk