The Single Justice Procedure: Quietly Convicting Drivers Behind Closed Doors?

By MAJ Law on 23 July 2025

Let’s talk about a legal process that’s quietly changing the landscape of motoring prosecutions across England and Wales - and not for the better.

It’s called the Single Justice Procedure (SJP). You may never have heard of it, but if you’ve been accused of speeding, driving without insurance, or failing to register your vehicle, chances are it’s already affecting you.

In fact, the majority of criminal cases in the Magistrates’ Court now go through this fast-track process. In 2024 alone, over 780,000 people were prosecuted under the SJP, and most of them were motorists.

So....what’s going wrong?

What Is the Single Justice Procedure?

The SJP was introduced as a way to speed up low-level cases - the kind that don’t normally require a court hearing. It allows a single magistrate to deal with your case behind closed doors, based solely on written evidence.

There’s no hearing.
No prosecutor in the room.
And no opportunity to explain your side unless you know to respond in time - and know how to do it properly.

Sounds simple, right? But that simplicity comes at a cost.

The Risk to Drivers

According to a new report by justice reform group Transform Justice, the Single Justice Procedure is failing motorists in some serious ways.

Their findings show that SJP prosecutions are often rushed, one-sided, and lacking in basic safeguards - particularly for vulnerable defendants. Many people don’t even realise they’ve been prosecuted until the conviction notice or fine drops through the letterbox. By then, it’s often too late to do anything about it.

At M.A.J Law, we’ve dealt with countless cases where:

Clients didn’t receive the SJP notice in time
They didn’t understand what they were being accused of
They had no idea they’d been found guilty
Or worse, they pleaded guilty just to ‘get it over with’

In most of these cases, we could have helped avoid a conviction entirely if the client had been given proper legal advice at the start.

No Plea, No Defence?

According to the report, nearly three-quarters of people prosecuted under the SJP don’t enter a plea at all.

Why? We don’t know. And that’s the point - nobody’s asking.

Some might ignore the notice out of fear or confusion. Others may struggle with literacy, mental health issues, or disabilities that prevent them from understanding what to do. Some simply never receive the letter. Either way, the court takes silence as acceptance, and convicts in their absence.

Vulnerable Motorists Left in the Dark

The SJP doesn’t require prosecutors to check whether the defendant has a learning difficulty, a medical condition, or any other reason that might impact their ability to respond. Unless you volunteer this information (in the right way, at the right time), it’s ignored.

That’s a huge concern, especially in motoring cases where anxiety, ADHD, or neurodivergent conditions may have played a part in the alleged offence.

We’ve seen it all: clients with undiagnosed autism facing totting-up bans; people struggling with grief or trauma who forgot to renew a tax disc; drivers wrongly accused after failing roadside tests due to prescribed medication. The SJP doesn’t leave much room for nuance, and that’s where injustice happens.

“Industrial-Scale” Prosecution

The report describes the SJP as a system of “industrial-scale” prosecutions. And it’s not wrong. Most drivers facing charges like speeding, no insurance, or failing to provide driver information are now processed without a real hearing, without proper scrutiny, and without any meaningful chance to challenge the evidence.

In one example uncovered by Transform Justice, a council sent out prosecution notices containing incorrect legal information, referencing penalties that can’t even be imposed under the SJP. Yet these errors were only discovered through a Freedom of Information request. No one checked beforehand.

That should concern anyone being prosecuted through this system.

What Needs to Change?

The report offers several suggestions, most of which we support:

Better access to legal advice for SJP defendants
A free helpline to guide people through the process
Proper oversight of how councils and prosecutors use the SJP
And stronger protections for vulnerable individuals who may not understand what’s happening to them

But until those changes are made, the burden falls on the individual to act quickly and get legal advice.

Our View at M.A.J Law

The Single Justice Procedure might have been introduced to streamline justice, but in its current form, it risks steamrolling over the rights of motorists.

We’ve always believed that no one should be punished without the chance to be heard. If you’ve received a Single Justice Procedure notice, don’t ignore it. And don’t assume a guilty plea is the easiest option. Because once you’re convicted, reversing it is much harder.

We offer free initial advice to anyone facing prosecution, including SJP notices. If you’re unsure what to do, or just need someone to explain the process in plain English, give us a call on 0151 422 8020. We’ll talk you through your options and help protect your licence.

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