Summons Procedure
The following is a typical summons procedure. This is intended as a guide and may vary.
Your case has been considered and the decision to prosecute has been made.
Why am I being prosecuted?
The Vehicle and Operator Services Agency (VOSA) 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.
Page last updated: 03/04/2006