That would seem to imply that Algernon should attend and point out the error, and leave it up to the magistrates to decide whether to amend the summons or throw it out.
::oh for an edit button ::
Or rather, not necessarily throw the case out: it seems that other options include adjourning proceedings or asking for a new summons to be issued.
Adjournment may not be very helpful. Last time I went to one, it took a whole morning to get to the point where the case was heard. Does Algenon want to have to make two trips to the magistrates court and waste two mornings instead of one?
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Algernon is planning to plead guilty, and wishes to attend to court - Quote "IF I am going to be fined I might as well get some drama, entertainment and value for money out of it"
However the short notice makes it difficult for him to attend and prepare mitigating circumstances.
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TourVanMan TM < Ex RF >
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Algernon is planning to plead guilty, and wishes to attend to court - Quote "IF I am going to be fined I might as well get some drama, entertainment and value for money out of it"
Fair enough!
However the short notice makes it difficult for him to attend and prepare mitigating circumstances.
I think that it might be unwise for Algernon to put things in quite that way to the magistrates, though he has probably figured that out already :)
However, my own experience is that magistrates clerks are usually very accommodating about a telephone request for an adjournment. Sometimes too accommodating in my view (four adjournments in one case I was involved in), but that' probably an error in the right direction.
However, I don't think it would be wise for Algernon to say that he wants more time to prepare mitigations -- the mags may only be interested in delaying for something relevant to a defence in the case of a not-guilty plea. So it would seem wiser for him to simply say that he needs more time to consider his evidence, and if pressed to say that he has not yet decided how to plead.
I think that Algernon will probably find that the whole thing involves more tedium value than entertanment value. Apart from the ineptitude of the CPS, the only entertainment I have found in the mags court has been watching young mothers dragging their chav sons along to the adjacent youth court (or whatever it's called). I hope that Algernon has more fun :)
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A.A. Smythe is aware of the circumstances leading up to the issue of the summons and that is not apparently in dispute. So he is not in any way prejudiced by the incorrect middle name and is known by his first christian name and surname which are correct.
I woulkd suggest that the Court will find that the defect in the summons is so trivial that any amendment may not be necessary. If deemed so then the Court have the power to correct.
He can as suggested, should he so desire ask for an adjournment to marshall his defence.
I would also suggest that if the rrror is raised in Court by him, to do so in manner of ridicule may not impress the Bench.
dvd
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Agree with DVD, this is not an irregular occurance, not fatal to the prosecution's case. Up to Smythe whether he brings it to the notice of the Court. Danger that if it is an endorsable offence that the points get given against the wrong Driving Record. Does Smythe intend to attend Court at any stage or is it a gulty plea by letter ? If Smythe attends he'll have to confirm Name address and DoB anyway, to confirm the wrong information could potentially lead to legal poo.
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Algernon does not dispute the charge or the circumstances. It is an endorsable offence with which Algy has been charged. Algy intends to plead guilty but wishes to attend court to attempt to keep the points total (CD10 3-9) or fine (£1500 max) to the minimum. To this end Algernon intends to
Contact the clark and explain the facts about the incorrect name
and get the case put back.
Mostly algy is a bit browned off about the short notice of the court case.
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TourVanMan TM < Ex RF >
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Algy should try left-foot braking...
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An adjourment should be easy, tell them that Algy needs to get legal advice from Biggles & Ginger Solicitors.
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Are they any good? Shall I give Algy their number?
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TourVanMan TM < Ex RF >
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>>tell them that Algy needs to get legal advice from Biggles & Ginger Solicitors.
Are they any good? Shall I give Algy their number? Nah! They are fly by nights.
Woooops. Naming and shaming.
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0-09-993820-0
Try the above number with an ISBN in front !
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So, when this whole nasty business is over, will we be treated to the full length director's cut of what actually happened between Algy, his Laguna, and the bus? ;-)
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If things go really badly, we'll start a free Algy sticker campain. What flavour cake would he like the file concealed in?
Good mitigating circumstances needed, I think.
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If things go really badly, we'll start a free Algy sticker campain. What flavour cake would he like the file concealed in?
I prefer the idea of giving him a box file with a cake in it.
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......... or The Bluffit & Scarper Co.
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It's between Scorcese and Spielberg for the rights to the film.
Seriously RF, if Algy is another of your psuedonyms then I hope it goes well for you.
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I think Algy will write a small novelete on the outcome of his tale.
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TourVanMan TM < Ex RF >
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Well
It seems our good friend Algernon has phoned the "Area Director & Designated Officers" office, and spoken to a senior clerk therein. The result is that that papers have been returned for correction and a short adjournment has been requested. ("No problem" was the verbal reply)
Algernon is now going to prepare his case and get his Wedding suit cleaned and his stiff white shirt ironed.
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TourVanMan TM < Ex RF >
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I didn't think the accident was Algy's fault...?
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Nice Bloke, Very freindly and witty, Carp driver tho.
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TourVanMan TM < Ex RF >
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I'd heard something that made me think it was possibly someone I know. My idol in fact but it couldn't possibly be him. He'd never be in the wrong.
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Who the hell is Algy?
Algy, algy, who the is Algy?
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>> Who the hell is Algy? Algy, algy, who the is Algy?
Just seen him walking off in a stripey suit and a very short haircut, accompanied by two large blokes:
I don't why why he's leaving, or where he's gonna go,
I guess he's got his reasons but I just don't wanna know,
'Cause for twenty four years I've been living next door to Algy.
Twenty four years, just waitin' for a chance,
To tell him how I'm feeling, maybe get a second glance,
Now I've gotta get used to not living next door to Algy.
:)
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>> >> Who the hell is Algy? >> >> Algy, algy, who the is Algy? Just seen him walking off in a stripey suit and a very short haircut, accompanied by two large blokes: I don't why why he's leaving, or where he's gonna go, I guess he's got his reasons but I just don't wanna know, 'Cause for twenty four years I've been living next door to Algy. Twenty four years, just waitin' for a chance, To tell him how I'm feeling, maybe get a second glance, Now I've gotta get used to not living next door to Algy. :)
:^D That's the one
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WSM
WormwoodScrubsMan TM < Ex TVM > < Ex RF >
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Big Bad Dave wrote:Algy should try left-foot braking...
I think we could leave that until later. For now, any braking would be an improvement :P
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You're not going to stand for that RF are you?
She's having a pop at your mate Algy.
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Lets not get this thread chopped for sillymness, Algy will need it open for later serious use.
Like
How should Algy address the bench at a Magistrates Court?
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TourVanMan TM < Ex RF >
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How should Algy address the bench at a Magistrates Court?
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Sorry RF, in all seriousness is Algy going to employ a solicitor or does Algy have a friendly solicitor with whom he can consult in advance?
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Algernon has spoken with a serving traffic officer and will be acting upon his advice.
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TourVanMan TM < Ex RF >
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How should Algy address the bench at a Magistrates Court?
Address magistrates as Your Worship, Sir or Madam, County Court judges as Your Honour. When speaking or answering questions you should address the Chairman of the Bench.
tinyurl.com/8mpfl
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As Algy is pleading guilty, then address the bench will proper politeness (not feigned) and make any mitigating circumstances properly plausible, preferrably backed up with independent evidence.
--
Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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As Algy is pleading guilty, then address the bench will proper politeness (not feigned) and make any mitigating circumstances properly plausible, preferrably backed up with independent evidence.
I quite agree on the politeness: not fawning or grovelling, just polite and remembering who's in charge here.
One thing to remember about magistrate's courts is that they are very busy, and they probably don't appreciate anything which appears to be excessively time-consuming. Apart from avoiding Perry Mason-style speeches, I would suggest one technique I have found useful is to ask them if they wuldn't mind hearing what I have to say.
So, for example, instead of launching forth to explain how your wife had just told you that she was running off with the milkman and your daughter had just texted to say that she had broken her leg, you might say something like "My concentration was affected by some severe family problems which I had only just been made aware of. May I explain what happened?"
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Oh My Gawd 0
#
Algy is Hoffified!! He had no Idea his wife was having it away with Ernie or his horse, and now He has found out he had a daughter he never knew he had!
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TourVanMan TM < Ex RF >
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>> How should Algy address the bench at a Magistrates Court? Address magistrates as Your Worship, Sir or Madam, County Court judges as Your Honour. When speaking or answering questions you should address the Chairman of the Bench. tinyurl.com/8mpfl
What about "Your Holiness"?
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D'oh! Pipped to the post by Bazzabear.
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How should Algy address the bench at a Magistrates Court?
Your Holiness.
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>> How should Algy address the bench at a Magistrates Court? Your Holiness.
May I remind you its Algernon Smythe addressing the court, Not Del Boy Trotter in his Cap-ri Ghia!
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TourVanMan TM < Ex RF >
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Isn't your friend Algenon Albert III best talking to the magistrates rather than a bench?
Or is he going for the insanity plea?
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Lets not get this thread chopped for sillymness, Algy will need it open for later serious use.
How about I lock it instead?
DD.
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