Out of order
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I have received a summons for an hours offence from a traffic examiner.
The statement which accompanied the summons gives a lengthy account of the offence alleged and then goes on to say that a subsequent check on my tachograph records revealed 10 other offences.
I do not know what the 10 offences are or whether they exist or not, because the details have not been given to me and I have not been asked for any explanation or defence.
I think the examiner is trying to get the court to impose a heavy fine by saying I have committed other offences without me being convicted of them.
Can the prosecution do that?
A No. What you describe is completely out of order.
The procedure which enables the court to accept a guilty plea with a statement of facts being read out, without you attending court, is contained in Section 12 of the Magistrates Courts Act 1980.
It refers to the statement as "a concise statement of such facts relating to the charge as will be placed before the court..." The facts which relate to a charge are those which the prosecution has to prove to secure a conviction.
In your case, the references to unspecified alleged offences on other occasions have nothing to do with the hours charge and should not be in the statement of facts.
It is up to the prosecution to serve a notice on you if it wants previous convictions to be put before the court. But it is not open to them to say you have committed offences which you have had no opportunity to defend.
If you intend to admit to the charge, you should write to the prosecutor, draw attention to the matters which should not be on the statement of facts and ask for another one.
If you then plead guilty, send a copy of the revised statement with your plea and ask the justices clerk to make sure it is that one which is read out.
If the prosecution will not amend the statement of facts, write to the justices' clerk of the court concerned pointing out how the provisions of Section 12 are being abused.