Not Going To Court
Pleading guilty by letter
Instead of going to court, an accused person (defendant) when served with a Summons issued by a Magistrate, can plead guilty by letter addressed to the court. This procedure is allowed in cases where the offence is punishable by fine only or by imprisonment for a maximum term of three months.
The court, if accepts the plea of guilty, will record it and then convict and fine the defendant according to law. It will then inform the defendant by letter to pay the fine within a prescribed time.
Some common cases where the pleading guilty letter is allowed are offences under the Income Tax Act and the Parking Places Act. Such a letter will be rejected if:
- A ticket/notice is issued instead of a summons;
- The defendant is under a warrant of arrest;
- Someone else, other than the lawyer, made the plea on behalf of the defendant.
Q: Are there ways of resolving the matter without going to court?
The Primary Dispute Resolution Centre located at the Subordinate Courts Complex at Havelock Square provides a forum for litigants to explore various options with a view to resolving their disputes without going to trial. For all civil cases that commenced in the Subordinate Courts, Court Dispute resolution (CDR) will be made available as an option.
Q: What is Court Dispute Resolution?
CDR is an alternative to the trial process. It is based within the Court system and conducted by a District Judge. The process begins with a settlement conference in chambers to encourage the parties and their lawyers to negotiate freely before the settlement judge. If the dispute cannot be resolved, the case will be assigned to another judge for trial. CDR is not mandatory and you can authorize your lawyer to write to the Registry early if you wish to dispense with CDR. The case will then immediately be assigned to a judge for trial.
May 17, 2008 - 09:00 AM
Public Access
