Last reviewed: June 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm. Always check the current official form on GOV.UK before you file, and sign the statement of truth yourself.
In short
A Single Justice Procedure (SJP) mitigation letter is a short written statement you send with your plea, asking a single magistrate to take your circumstances into account before deciding the sentence or fine. You usually have 21 days to respond to the notice. It is most useful when you plead guilty: you explain what happened, any clean record, and your financial situation. eLitigant’s Chris drafts this for you — you check, sign and send.
What the Single Justice Procedure is
The Single Justice Procedure (SJP) is a way for the courts in England and Wales to deal with minor criminal offences without a hearing. A single magistrate, supported by a legal adviser, decides the case on the papers alone. It was introduced by the Criminal Justice and Courts Act 2015 and operates under section 16A of the Magistrates’ Courts Act 1980. It applies only to summary-only offences that are not punishable by imprisonment, where the defendant was 18 or over when charged (or is a company).
You will know the SJP applies because you receive a Single Justice Procedure Notice through the post. Common examples include speeding, driving without insurance, no MOT, TV Licence offences, and some rail or tram fare cases. The notice tells you who is prosecuting (for example the police, TV Licensing or a train operator), the charge against you, and how to respond.
What a mitigation letter is and why it matters
A mitigation letter — sometimes called a plea of mitigation or mitigating circumstances statement — is the written explanation you send alongside your plea. Under section 16A, the magistrate decides the case using the prosecutor’s evidence and “any written submission that the accused makes with a view to mitigation of sentence.” In plain terms: the magistrate cannot hear you speak, so your letter is your voice in the room.
According to GOV.UK, “You can give information to the magistrate about your circumstances — this is called ‘mitigation’.” Mitigation does not dispute that the offence happened (that would be a not-guilty plea). Instead, it gives context that may reduce the fine, affect any penalty points or driving ban, or simply ensure the sentence is fair given your means.
When and how to respond
GOV.UK states: “You have 21 days from the date shown on the notice to respond.” You can usually plead online, or by completing and returning the paper form that comes with the notice. You have three broad choices: plead guilty and not attend court, plead guilty and ask to attend, or plead not guilty (which sends the case to an open court hearing).
If you plead guilty and do not attend, the magistrate decides on the papers — so your mitigation letter and your financial details are what they rely on. GOV.UK also notes that “If you respond and plead guilty your fine will be reduced by up to 33%,” so responding promptly and pleading early can matter financially. If you ignore the notice, the case can still be decided without you.
What to include in your mitigation letter
- Your details and the case reference (the URN or reference printed on the notice) so it is matched to your file.
- Your plea — make clear you are pleading guilty (if you are) and that the letter is mitigation, not a denial.
- What happened — a brief, honest account of the circumstances, including anything that explains (not excuses) the offence, such as a genuine mistake, a medical emergency or a misunderstanding.
- Your record — if you have no previous convictions or a clean licence, say so.
- Personal circumstances — ill health, mental health, caring responsibilities, being a victim of abuse, or financial hardship the magistrate should weigh.
- Your finances — the SJP notice includes a statement of means; complete it accurately, because magistrates set fines partly by reference to income.
- Driving-specific points — for motoring matters, “exceptional hardship” or “special reasons” arguments are distinct, technical issues; mention them only if they genuinely apply, as they have specific legal tests.
Keep it concise, factual and respectful. Magistrates read many of these; a clear, dignified letter that sticks to relevant facts lands better than a long or emotional one.
Common mistakes
People often miss the 21-day window, or treat mitigation as a way to argue innocence — if you genuinely did not commit the offence, that is a not-guilty plea, not mitigation. Others leave the financial section blank, which can lead to a fine based on assumed income. Some send irrelevant complaints about the prosecutor rather than focusing on their own circumstances. Finally, attaching evidence (a doctor’s note, payslip or letter) is often more persuasive than assertion alone — but only send what is true and relevant.
Frequently asked questions
Will a mitigation letter get the charge dropped? No. Mitigation assumes the offence is admitted; it can influence the sentence or fine, not whether you are convicted. To contest the charge itself you must plead not guilty, which sends the case to a hearing.
Do I have to give my income? The SJP notice asks for a statement of financial circumstances. Magistrates use it to set a proportionate fine, so it is in your interest to complete it accurately. If you leave it blank, they may estimate your income.
Can I still go to court if I want to? Yes. You can ask to attend a hearing, or plead not guilty, in which case the matter is dealt with in open court rather than on the papers. The notice explains how to make that choice.
This guide is general information about how the Single Justice Procedure works, not legal advice. eLitigant is not a law firm. We help you put your own circumstances into a clear written statement; you check it, sign it and send it.
eLitigant drafts it; you check, sign & send. Not a law firm; information, not advice.
See it done — what Chris drafts for you
A worked example, drafted to a professional standard from your details — ready for you to check, personalise and send. Fictional sample.
To the Magistrates’ Court
Case reference / URN: 23BX0001234567
Defendant: Daniel Okafor
Date: 14 May 2026
I am writing to provide mitigation in respect of the charge of exceeding the speed limit on the A38 on 2 April 2026. I plead guilty to the offence. This statement is not intended to dispute the charge, but respectfully to set out my circumstances for the magistrate to consider when deciding the sentence.
On the day in question I was driving my mother to the Royal Derby Hospital after she had become unwell at home. I was anxious and, for a short stretch of dual carriageway, I allowed my speed to creep above the limit. I recognise this was wrong and that being worried does not excuse it. I have since fitted a speed-limiter reminder in my car and have completed an online speed-awareness refresher voluntarily.
I have held a full driving licence for eleven years with no previous convictions and a clean licence. This is the first time I have come to the attention of the court. I take the matter seriously and I am ashamed to have done so.
As to my means, I work part-time as a care assistant earning approximately £1,180 per month after tax. I am a single parent to two school-age children and my essential outgoings (rent, council tax, utilities and childcare) leave very little each month. I have completed the statement of financial circumstances enclosed with my notice. I would respectfully ask the court to take my income into account when setting any fine, and, if the court is willing, to allow me to pay by instalments.
I understand that penalty points may follow and I accept that. I would simply ask the magistrate to consider the circumstances above and my previous good record. I am grateful for the court’s time.
Signed: Daniel Okafor
Date: 14 May 2026
This is a fictional example for illustration only.
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