FOI 534/25

REQUEST

1) In relation to vulnerability, do you make any assessment of vulnerability of SJP offence suspects prior to prosecution? If so, how is the assessment undertaken and what kind of reasonable adjustments are made as a consequence?

2) Do you currently engage with the defendant and request any information on their circumstances prior to commencing a prosecution? Do you have a standard pre-prosecution letter you could send us a copy of (we have your prosecution notice)

3). We would also like to know whether in your organisation there is a  separation of functions between investigators and prosecutors and a separation of functions between those who decide whether to commence a prosecution, and those who carry out the prosecution. If so, how is that separation constructed and monitored?

4) With regard to the receipt of prosecution notices sent by post we appreciate that you comply with your legal obligations. We wanted to know whether you do any research into the proportion of notices sent which are actually received by the intended recipient?

5) The response of SJP defendants to SJP prosecution notices is generally low. Have you done any research or data collection as to why this is the case with the defendants you have prosecuted?

RESPONSE

We consulted with our Motoring unit and the Central Ticket Office who have provided the following information regarding your request.

Question 1

All offences managed by the Central Ticket Office are detected by safety camera devices. There is no engagement with the driver at that stage. Once a notice has been served, if a recipient engages with the unit stating their vulnerabilities, each set of circumstances is considered on it’s own merit, advice would then be sought in house from individuals who specialise in the specified vulnerability.

Question 2

Initially, the prosecution decision comes from either the Central Ticket Office Decision Makers for Safety Camera Unit offences / Operation SNAP decision makers or investigating officers if officer witnessed. 

No prior engagement is made with the defendant, a decision is based on factors such as, speed detected and response from Registered Keeper/Owner of vehicle involved in alleged offence.  Once the driver at the time of the alleged offence is identified, there are numerous ways in which they can contact the Central Ticket Office, in order to make us aware of any mitigating factors, which may effect the public interest, in pursuing the matter.  It is defined in legislation the recipient of a notice must respond within 28 days of service of a Notice of Intended Prosecution. Once a file is prepared for court, the administrative function is completed by the Motoring Unit thereafter.

Question 3

Initially, the prosecution decision comes from either the Central Ticket Office Decision Makers for Safety Camera Unit offences / Operation SNAP decision makers or investigating officers if officer witnessed. 

Single Justice Procedure Notice tasks are sent from either the CTO or the Officer in case to the Motoring Unit staff who process the requests, bundle the information and evidence along with a copy of the SJP and initiate proceedings on HMCTS system, ATCM Common Platform.  On each SJP, there is a ‘respond by date’.  Ultimately, HMCTS are responsible for monitoring as it is within their remit at the time. If the matter can be dealt with within the SJP court, South Wales Police do not have any further involvement. 

If there is no response from the defendant or the defendant elects court or cannot be dealt with within the SJP court, the matter is then proceeded to a PLP court.  The prosecutor then reads out the circumstances of the offence(s) in a PLP court.  If the defendant is present, they are asked by the court to put forward their plea.  If found guilty, they are then dealt with within the PLP court.  If the defendant fails to attend, the offences can be proved in the defendants absence.  If the defendant pleads not guilty and there is sufficient evidence reviewed by the PLP, the case is then progressed to trial with a CPS.

Question 4

Research is not carried out to establish the proportion of notices received by the intended recipients. Once the summons is posted via a strict process procedure within the Motoring Unit, it is deemed as served.  The only indication that the defendant has not received the notice is when the document is received back into the Motoring Unit unserved, to which a log of each one received is kept.

Question 5

South Wales Police are not aware of any research or data collection.