The date of the alleged offence is over 6 months ago.


Non-indictable, or minor offences, must be laid before the court within 6 months from the date of the alleged offence.[1]

If the information was laid after six months, then it is out of time, and the proceedings are invalid.

Minor offences are handled by the Single Justice Procedure,[2] but if the accused did not know of the of single justice procedure notice, the accused may make a statutory declaration that he did not know of the proceedings until a date specified in the statutory declaration,[3][4] however, the statutory declaration does not revoke the validity of a written charge or a single justice procedure notice.[5]

Only enter a plea when the prosecutor shows you all the evidence he intends to rely on when bringing the proceeding. The burden of proof remains with the prosecutor.[6]



[1] Section 127(1) of the Magistrates’ Courts Act 1980
[2] Section 46 of the Criminal Justice and Courts Act 2015
[3] Section 16E of the Magistrates Courts Act 1980
[4] See Making a Statutory Declaration to nullify a court fine and the conviction
[5] Section 16E(4) of the Magistrates Courts Act 1980
[6] Woolmington v Department of Public Prosecutions [1935] UKHL 1