What ACTUALLY Happens?

What actually happens if you are prosecuted by TV licensing and you are summoned to court or you receive a single justice procedure notice? Now

there's a lot of misinformation out there and despite the BBC saying that it is struggling with prosecutions they are down by about 80%. It says they are

still prosecuting thousands of people.

Now, some people think that it is some kind of high level investigation, some huge sophisticated detection system with all sorts of evidence being gathered

behind the scenes when in reality, most prosecutions are far simpler than that.

I'm going to tell you why I think they happen and how you can hopefully avoid that happening. I will never encourage

that happening. I will never encourage you to break the law, but being prosecuted doesn't mean you are guilty.

So, I'll help you to avoid being prosecuted in the first place. If you

appreciate my guidance on doing that, not legal advice, but guidance, please do subscribe to the channel. This is a mission of mine to help to protect people from what I think is an unfair

prosecution process for what is ultimately just watching TV. Now, as I said, I cannot encourage you to break the law. I'm a barristister. I cannot do

the law. I'm a barristister. I cannot do that. But I can talk to you about how to

that. But I can talk to you about how to avoid being prosecuted when you might obviously be completely innocent. So,

please do subscribe. I will be very grateful to you. And a huge thank you also to the How to be TV Licensed free Facebook group who've just welcomed me with open arms into that group. I am

very grateful. Let's get into this. So,

let's take a look at most prosecutions because this is where most people will fall. Most prosecutions are far simpler

fall. Most prosecutions are far simpler than what I detailed as some deep level of investigation and so on. just so that you understand exactly how this will

work, how and why people get prosecuted, what evidence is relied upon, what to expect in court, and how to deal with it properly. And of course, one good way of

properly. And of course, one good way of at least uh putting yourself in goodstead to avoid it. Now, first of all, let's start with how and why people

usually end up being prosecuted in the first place. Now, in the vast vast

first place. Now, in the vast vast majority of cases, my understanding is these TV license prosecutions are built

on the occupier's own words. This need

not be the home owner, the property owner, just somebody at the address.

Not, as I understand it, from detection vans or secret surveillance or somebody snooping on you from a property across the street. In fact, that would probably

the street. In fact, that would probably be illegal in many different respects.

Um, because obviously there's data protection, privacy, and so on, and that would not be a reasonable way of doing it. So, even the detector vans, I've had

it. So, even the detector vans, I've had it on good authority from people that these just don't exist, that they had some version of it many years ago, but

these days, they are just not a real thing. So, something that the person

thing. So, something that the person themselves has said. So, what typically happens is this.

>> Good afternoon. I'm with TV licensing.

Do you have a license for this address?

>> A license? No. I wasn't aware I needed one.

>> I see. I'll need to come in.

>> An enforcement officer will send the address. You answer the door because you

address. You answer the door because you don't know who it is. You engage in some kind of conversation. And you may think it's completely benign, but at some

point you will either answer a question or describe how you use your TV at that address or worse still, you sign some kind of statement. This is often

referred to as a TVL178 form. just some kind of clipboard form

form. just some kind of clipboard form that they fill out alleged conversation details which then will become a key piece of evidence that people often

sign. Once that has happened, you've

sign. Once that has happened, you've effectively handed them a prosecutable case depending on what you've said and what you've put down, what they've put down, especially if you've signed it.

So, the common pattern that I've seen from the countless hundreds, if not thousands of people that have emailed me over the years, someone has spoken to an enforcement officer, tried to explain the situation, they think they're being

helpful, they don't realize that what they're saying is being recorded somehow as evidence, and then later, boom, you receive a letter to say you're being prosecuted or you get a single justice procedure notice. At that point, they

procedure notice. At that point, they often then say, "I didn't think I needed the license." But the problem there is

the license." But the problem there is that you may have already said something that suggests that you did or that suggests that you've been watching TV without a license, which is of course the offense.

As something as simple but most incriminating would be I sometimes watch eye player. I do have a TV set up or um

eye player. I do have a TV set up or um even offering to pay for the license because you feel intimidated. Now, just

by offering to pay for it, even if you don't need it, can to them be taken or interpreted as some kind of admission.

Now, very briefly on another topic, I've heard of a lot of people saying they're trying to cancel their TV license because they say they don't need one anymore. And obviously, if they don't

anymore. And obviously, if they don't watch Record Live TV and they don't use BBCi Player, you don't need a license.

You can cancel it. You are at liberty to do that. But a lot of people are saying

do that. But a lot of people are saying that they cannot cancel it online anymore. and that they are required to

anymore. and that they are required to phone up and have a lengthy conversation back and forth. Again, they are trying to trip you up into saying something which suggests that you need the TV

license and therefore if you cancel it, they may then try to prosecute you relying on what you've said in that phone call. Now, phone calls like this,

phone call. Now, phone calls like this, whether it's cancelling your TV license or a conversation with an insurance company or any other company for that matter, and you want to retain a

contemporaneous and accurate note of that conversation, it may be a very good idea to record it. I would always let them know that you're recording it out

of courtesy. Uh there's no strict legal

of courtesy. Uh there's no strict legal obligation to do so in England and Wales, but I would still do that nonetheless. And certainly if you're in

nonetheless. And certainly if you're in another jurisdiction, check your own jurisdiction before doing that. And

whether it's cancelling your TV license or a conversation with another company, if you want an accurate record of that conversation, you'll like to hear about one of my partners for this video in just a moment, which is a very simple

device which snaps to your phone and keeps an accurate record of the conversation. That's coming up now, but

conversation. That's coming up now, but I'll be back in a moment with what actually happens in a TV licensing prosecution. Now, we'll get back to that

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click the link in the description to get yours today. Okay, so let's get into

yours today. Okay, so let's get into this prosecution. What actually happens

this prosecution. What actually happens and what you can really do to try to avoid it. Now, there are really two main

avoid it. Now, there are really two main ways of getting these things to court.

Now, the first and traditional way is a summon to the magistrate's court as shown on screen here. You receive a summons requiring you to attend the

magistrate's court. This is where all

magistrate's court. This is where all criminal cases start, including murder cases. But the only difference being

cases. But the only difference being they don't take a plea at the magistrate's court and it is sent forth with to the crown court. But this would usually be where the case is being

contested or the court considers the hearing is necessary. You are required to attend in person, but be aware that if you don't attend, it may be decided in your absence. At this hearing, the

prosecution will present their evidence, why they say that they allege you are guilty of this offense, very often your own statement, the comments referred to above, and then the court goes on to

decide the case. Obviously, you have an opportunity to present your side of the story and even cross-examine, and you can do this yourselves. You can

cross-examine whoever it is that's giving evidence on behalf of TV licensing at that hearing.

The second way which is a very common way of doing this as well is a single justice procedure. Now these are

justice procedure. Now these are increasingly common because instead of going straight to a full hearing, the case will be dealt with under this single justice procedure whereby you

receive paperwork asking you to plead guilty or not guilty or to provide some kind of mitigation. If you plead guilty or you do nothing, then the case is going to be decided by a single

magistrate on the papers without you attending. Uh if you plead not guilty,

attending. Uh if you plead not guilty, then it's usually listed for a full court hearing as above as though you've been summoned to court. So what actually happens in full at this hearing? Well,

it's usually fairly straightforward. The

prosecution must always prove their case to the same criminal standard. Even

though it is a non-recordable offense, they must prove that you are watching or recording live TV or using BBCi Player, which is the bit in the legislation, which is an ondemand service provided by

the BBC without a license. And in most cases, as I mentioned, the evidence is going to be something you said, either a written statement, which was notes taken

by the officer, uh certainly if you've signed it, and that officer is usually likely to be there to give evidence. But

again, it's usually your own account.

Now, how do we approach this? This is

very important. If you are in this position, you need to be very clear about what the issue actually is.

Because many people might make things worse by guessing or speculating or trying to explain things loosely even if they think they are saying the right thing and even if they are offering to

pay for a license because they think well if I just pay for a license that will mean that I look innocent and you know I've not done anything wrong but actually by offering to pay for a

license they might imply that that is you making an admission not to say that it is. It doesn't mean you are guilty.

it is. It doesn't mean you are guilty.

But if you therefore are prosecuted and plead guilty because you think that you've done that, that may obviously be the wrong thing to do because you are not necessarily guilty just because

you've told them that you are willing to buy a license. But if you've made some kind of admission, that is something that the court is going to consider very carefully. But if you haven't, then

carefully. But if you haven't, then obviously the prosecution must prove their case without it. And that is a very different situation. The key

takeaway from all of this with any conversation or any telephone conversation, particularly if you're trying to cancel your license, is that most of these prosecutions don't come

from a sophisticated investigation. They

come from engagement, answering the door, having a conversation, signing something, or in many recent cases, some sort of evidence that they say they have

where you've been watching BBC i Player.

That can be if you're trying to sign in and the IP address is linked to your address somehow um with your details, your name and address and so on, but you don't have a license anymore. Then it

becomes very difficult to unwind. It

becomes very difficult to just explain away. But as to how these hearings

away. But as to how these hearings actually work, it is the prosecution that will present their case first. They

will present their evidence and they will present their witness. The witness

might be the officer who turned up and took a statement of what they claim you said. And they might claim that you

said. And they might claim that you signed it. And if there's anything in

signed it. And if there's anything in there that you feel you didn't say, you need to be putting that to this officer.

Now, with great respect, most people in this situation are not going to be spending many hundreds or even thousands of pounds on a bar to come represent you in court for this alleged offense. So,

you may need to understand how to do that yourself. If you want examples of

that yourself. If you want examples of how to do this on this channel, that might be an idea of a way I might take this channel to do you an example cross-examination of a TV licensing

officer. Please do subscribe to the

officer. Please do subscribe to the channel if you would like to see that. I

will use chat GPT or Grock as a pretend witness of TV licensing and I will cross-examine them into the ground and you can use it verbatim because you'll be just testing the evidence. That

wouldn't amount to legal advice. That

would just amount to giving you an idea of the questions you can put to a TV licensing officer. I have absolutely no

licensing officer. I have absolutely no issue with you doing that providing that you don't take it as legal advice and you know obviously just adapting to your own circumstances and seeking legal

advice if you really need to. And as I always say, nothing on my channel will ever encourage anybody to break the law or to just try to get away with breaking the law. That is absolutely not the

the law. That is absolutely not the point here. The point here is if you

point here. The point here is if you feel you are not guilty of this offense, you are absolutely entitled to challenge it. So that's what happens. The

it. So that's what happens. The

prosecution will go first. Um that being TV licensing is a private prosecution.

The way that these are brought, it's no different really than a CPS, you know, Crown Prosecution Service bringing a prosecution. It is a private prosecution

prosecution. It is a private prosecution dealt with in pretty much the same way.

So, the TV licensing officer and anyone else that claims they have some kind of evidence against you, they will present first. You get an opportunity to

first. You get an opportunity to cross-examine them in court. You are

entitled to do so. Do not be bullied into thinking that you are not allowed to do so. Don't be told that there's no point in doing that. Don't be told that,

well, their evidence stands, so unless you contend it, you just sit there and take it. If you are accused of this, you

take it. If you are accused of this, you are absolutely entitled to question and scrutinize their case against you. Once

that is done, then it is your turn. You

are allowed to give your evidence or not. You don't have to stand up and give

not. You don't have to stand up and give evidence, but if you do, then you will be cross-examined as well. This would

apply in the same way as any other criminal prosecution. So if you are

criminal prosecution. So if you are absolutely sure of what you think you will say and you're sure of the law and you know that you haven't committed this offense, you can stand up honestly and

truthfully but very forcefully and calmly explain your situation and respond to questions. They will then try to put to you in cross-examination questions to suggest that you are

guilty, you're mistaken, that you might have misunderstood and actually you do need a license because this is a strict liability offense. It is not something

liability offense. It is not something that you need to know that you need a license. The offense is watching or

license. The offense is watching or recording or using on demand services by BBC without the license. It is

effectively a strict liability offense.

All they have to show is that you did this without a license.

But a lesson that took me many many years to learn. I was wrongly accused of something as a child. Um funny story.

Uh, the teachers told me that some other kid had complained that I called him a bee. Now, use your imagination, but as a

bee. Now, use your imagination, but as a very young child, I had no idea what they were talking about. I was thinking bees and wasps and flies and thinking, why would I call him a bee? And

obviously, I didn't call him the swear word be. I had no idea what they were

word be. I had no idea what they were talking about. I was just too young and

talking about. I was just too young and innocent and naive. But they pressured me and hounded me. And in the end I said, "Well, if I did, I don't remember." And so they took that as my

remember." And so they took that as my guilt. Absolute sworn signed guilt. They

guilt. Absolute sworn signed guilt. They

called my parents and they they laid into me and everything else. And so the painful lesson I took away from that day many decades ago was never give any indication that you might be guilty of

something if you don't really understand what it is. Because I had no clue. I

genuinely had no clue. And shame on the teachers for pressurizing me. There were

three teachers. I remember it like it was yesterday. There were three teachers

was yesterday. There were three teachers in that office and absolutelyounding me to admit that I did it. If you just admit it, we'll let you go, etc. So,

don't be that person. Don't be

pressured. Don't be pushed into giving any kind of indication that you might be guilty without knowing it because they will have you and they will convict you.

So if this is useful in any way, please do just subscribe to the channel.