Sadiq Khan wrongly convicted of car tax offence

Mayor of London Sadiq Khan was wrongly convicted of failing to pay car tax on a 24-year-old Nissan Micra. The conviction, which included a court fine, was issued by the DVLA through the Single Justice Procedure (SJP). This fast-track court system allows a single magistrate to decide on low-level criminal cases in private hearings.

The case was reopened and subsequently overturned after investigations revealed that Mr Khan did not own the car. It is understood the vehicle had been incorrectly registered in his name, leading to the DVLA's erroneous prosecution.

Calls for SJP reform

The incident has intensified calls for reforms to the SJP, a system that has previously faced criticism for alleged harsh convictions and injustices, particularly concerning pensioners and vulnerable individuals. The Magistrates' Association first advocated for changes in March 2024, citing concerns among its members about inadequate training on legal powers, pressure to make rushed decisions, and a general lack of transparency within the SJP.

Catherine Feast, chief executive of the Magistrates' Association, reiterated these concerns following Mr Khan's case. She stated that magistrates believe a fundamental change is needed so that prosecutors review cases after defendants have had the opportunity to submit pleas and mitigating circumstances in writing. Ms Feast acknowledged the SJP's role in managing court backlogs and enabling more efficient use of court time for serious offences, but stressed that the system is not perfect.

Ms Feast also highlighted the contribution of journalists in bringing the internal workings of the SJP to public attention, helping to demystify the process and expose instances where it has not functioned correctly, causing harm to vulnerable individuals. She added that ongoing work is underway to improve the system, with a continued push for prosecutors to review all pleas and mitigations before cases are heard by a magistrate.

The SJP, introduced in 2015 to reduce costs, handles approximately 800,000 criminal cases annually. Mr Khan's conviction occurred in late August during a private hearing in Herefordshire. Basic details of the conviction were included in a spreadsheet of around 20,000 cases processed that week.

Other cases highlight SJP issues

Recent cases have further illustrated potential issues with the SJP. In one instance, a grandmother from Swindon was convicted for not insuring a broken-down car while caring for her daughter with stage 4 cancer. A magistrate proceeded with the conviction after reviewing a letter of mitigation, without referring the case back to the DVLA to assess public interest.

Another case involved a woman from Cumbria convicted of not taxing a car she had already sold. She had informed the court that she believed she was a victim of fraud, as the vehicle's buyer had allegedly pretended to register it in his name, leading to her receiving penalty notices.

A man from Potters Bar, North London, informed the magistrate that he had missed DVLA letters regarding car payments due to being in prison. He had not had the opportunity to resolve the matter outside of court before a conviction was recorded.

A Ministry of Justice spokesperson stated last week that the department is reviewing how to better support vulnerable defendants. Further details on proposed reforms to the SJP are expected to be announced shortly. The government conducted a consultation on SJP reform between March and May last year but has not yet introduced substantial changes.