The Mayor of London, Lord Sadiq Khan, was incorrectly convicted of failing to pay car tax under the Single Justice Procedure (SJP), a fast-track court system that magistrates now say requires urgent reform. The conviction, which was overturned after investigation, involved a 24-year-old Nissan Micra that the mayor did not own, with the vehicle likely wrongly registered in his name.
Details of the Wrongful Conviction
The DVLA prosecuted Lord Khan in late August through the SJP, a process that allows a single magistrate to sit in private and decide on low-level criminal cases, often handling hundreds of cases per sitting. The hearing took place in Herefordshire behind closed doors, and the conviction was recorded on a spreadsheet of about 20,000 cases processed that week. The Press Association highlighted the error after making a disclosure request for the paperwork considered by the magistrate, leading to the case being reopened and overturned.
The SJP, introduced in 2015 to cut costs, deals with approximately 800,000 criminal cases each year. Critics have long raised concerns about its lack of transparency and the potential for injustices, particularly affecting pensioners and vulnerable people.
Magistrates' Association Renews Call for Reform
The Magistrates' Association first called for reform of the SJP in March 2024, with members across England and Wales expressing concerns about inadequate training on legal powers, rushed decision-making, and a lack of transparency. In the wake of the Khan case, Catherine Feast, chief executive of the Magistrates' Association, reiterated the call for government changes, specifically urging that prosecutors review cases after defendants have had the opportunity to enter a written plea, when mitigating circumstances may have become clear.
Feast acknowledged the system's benefits, stating: "At a time of mounting court backlogs, the SJP means thousands of defendants don't have to attend court for minor offences, resulting in more efficient use of court time, enabling the magistrates' courts to devote more time to more serious offences, which ultimately means speedier justice for victims. We have long recognised it is not perfect and, in 2024, we called for reform of SJP after some of our members expressed concerns." She noted that some improvements have been made, adding: "More SJP data is now available, which supports better monitoring and transparency."
Vulnerable Defendants Affected
Feast also praised the role of journalists in highlighting the system's flaws, helping to "demystify the process, as well as highlighting examples where the process has not worked, and the harm that this can have on some of society's most vulnerable people." She added: "We continue to push for further improvements and know there is additional work ongoing in relation to this. We are still clear that prosecutors must see all pleas and mitigations from defendants before cases are heard by the magistrate, and that improvements must be made for the vulnerable, including those with learning difficulties, communication challenges, or who may be less able to engage with the process."
Recent cases illustrate the impact on vulnerable individuals. A 58-year-old grandmother from Swindon, Wiltshire, was convicted after forgetting to insure her broken-down car while caring for her daughter with stage 4 cancer, despite sending a letter of mitigation. A 42-year-old woman from Cockermouth, Cumbria, was convicted of not taxing a car she had sold, even after she explained she believed she was a victim of fraud. A 50-year-old man from Potters Bar, North London, was convicted after missing DVLA letters while in prison.
Government Response and Next Steps
The Government announced last week that proposed reforms to the SJP would be announced "shortly," but did not set a timetable. A consultation on reform was conducted between March and May of the previous year, but no substantial changes have been brought forward in the 16 months since. A Ministry of Justice spokesperson said: "We are reviewing what more can be done to support vulnerable defendants, and further detail on proposed reforms to the SJP will be set out shortly."
