TV Licensing
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Prosecution process
Prosecution is a last resort. We want to help you avoid this. That’s why you may be offered another option, like a payment plan. If we can do this, we’ll write to you.
This is called an out of court disposal. You may be able to avoid prosecution if you pay in full or sign up to a payment plan and make sufficient payments towards your licence. If this is available, we’ll write to you and tell you how much you need to pay.
However, if you’re offered an out of court disposal and you don’t buy a TV Licence or keep up with your payments, you could be prosecuted.
We may then take prosecution to the next stage if:
- You have not paid for a licence in full, or
- You have not set up a TV Licence payment scheme and made the minimum payments in time, or
- Your licence is cancelled.
Sign in to pay for an existing licence
Need this translated?
Call us on 0300 790 6044* if you want to speak to someone about this in another language.
Understanding your personal circumstances
Before we prosecute, we must be sure that the evidence against you is strong enough. We’ll also look at any personal circumstances you’ve told us about that may mean it would be unfair to prosecute you.
Examples include:
- Significant physical or mental health issues
- Exceptional and severe financial problems
- Learning difficulties
- Domestic abuse
These need to be serious enough that they’ve stopped you from buying a TV Licence or managing your day-to-day affairs. Here are some more examples of circumstances we may consider.
I was in hospital. Or I have a very serious illness. What can I do?
You can show a letter from a GP, a nurse or the hospital.
I have a serious mental illness. Or I recently lost a loved one. What can I do?
Your care support worker can help give us information on your needs.
I have a learning difficulty that makes it hard to buy a licence. What can I do?
Your carer can help give us info on your needs.
I lost my job. Or I can’t pay for basic things like food or heating. What can I do?
You can show proof your benefits have stopped. Or a letter from a charity saying what happened.
We know that some customers find paying for a licence difficult. We try to do everything we can to help. See what help is available if you are struggling to pay.
Providing evidence of your circumstances.
The evidence you give us must show how your circumstances prevent you from buying a TV Licence. It may also explain the difficulties you have managing your day-to-day affairs and how prosecution could impact you.
Any evidence provided will be carefully considered before a decision is made to prosecute. Please send us information by email. Or in the post.
Note: please provide evidence of your circumstances on the evidence form the Visiting Officer gave you.
All information needs to be in writing. And will be treated in confidence. If you’re sending documents in the post, please only send copies. Not originals, as we can’t return them.
We consider every case individually. And look at all the evidence before making a decision. Please call us on 0300 373 5453 for advice on how this could apply to you if you’ve been visited. We won’t share your information with anyone else, unless it’s required or permitted to do so by law.
When you could still be prosecuted
Even if you buy a TV Licence, there’s a chance you could still be prosecuted:.
- You’ve been caught using a TV without a licence in the past.
- You previously told us you don’t need a TV Licence when you do.
- You previously told us you will not buy a TV Licence even when you were told you need one.
- We needed to use detection equipment and/or obtain a search warrant to gather evidence.
- You’ve been offered an out of court disposal but you either didn’t pay for a TV Licence in full or make the payments you need to.
If we prosecute, you’ll either be sent:.
- A Single Justice Procedure (SJP) Notice (England and Wales only)
- A summons (Northen Ireland and Isle of Man).
In Scotland and the Channel Islands where we can’t prosecute, we report cases to the local law enforcement. And they make the decision.
What is a Single Justice Procedure Notice?
Most cases in England and Wales go through the Single Justice Procedure (SJP). That means you might be able to have your case decided by a magistrate without going to court.
The SJP Notice explains what you’ve been charged with. And the facts (evidence) in the case. You need to respond to the notice by pleading guilty. Or not guilty. And this needs to be done by the deadline on the letter. The quickest way to respond is to plea online.
Single Justice Procedure - English (PDF 483 Kb opens in a new window)
Single Justice Procedure - Welsh (PDF 511 Kb opens in a new window)
You can find out more about the SJP on GOV.UK
- Prosecution in England and Wales
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What happens if you plead guilty
You can provide information to support your plea. For example, any circumstances or issues that were outside of your control. You will need to give the court details of the money you receive (from work or benefits) and your outgoings. This will be taken into account when the court decides what sentence to give you.
You won’t need to appear before the court. And your written statement and the evidence given by us will be used to make a decision. This will then be sent to you in the post.
What happens if you plead not guilty
You’ll need to provide reasons for your plea to the court. And details for any witnesses you want to give evidence on your behalf.
You’ll then get a letter with the date and time of your hearing.
What happens if you don’t respond
Your case will still go ahead. And you will lose your chance to make a plea and chance to reduce the amount of the fine. Or provide any extra information. You’ll be found guilty or not guilty, based on the evidence.
TV Licensing Prosecution Code - England and Wales (PDF 586 Kb opens in a new window)
Côd Erlyn Trwyddedu Teledu – Cymru a Lloegr (PDF 137 kb yn agor mewn ffenest newydd)
- Prosecution in Scotland
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In Scotland, we report cases to the Procurator Fiscal Service who will decide what action to take, what charges to bring and which court the prosecution should take place. The following options are available to the Fiscal:
- Take no action (when there is insufficient evidence or it is not in the public interest to prosecute).
- Offer an alternative to prosecution (a warning letter or Fiscal fine between £50 and £300 and/or a compensation order).
- Prosecute in court. The ‘summary procedure’ is used for TV Licensing offences. This begins when a ‘complaint’ is served and may lead to a trial before a Sheriff or Justice of the Peace Court. The complaint will set out the charge and the evidence that the prosecution has and will use. As well as any previous convictions that the court will take into consideration if you are found guilty.
For more information please see this leaflet:
TV Licensing Prosecution Code - Scotland (PDF 115 Kb opens in a new window)
- Prosecution in Northern Ireland and Isle of Man
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If the decision to prosecute has been made and you have either not been offered an alternative option or have not made the payments required, you will be served with a summons.
The summons will be served in person. It will provide the date and time of the court hearing. It will explain the charge and the evidence the prosecution has and will use. As well as any previous convictions that the court will take into consideration if you are found guilty.
You may write to the court before the hearing. Or attend court on the day and submit your plea and any information you would like the court to take into consideration.
For more information please see our leaflets:
TV Licensing Prosecution Code - Northern Ireland (PDF 114 Kb opens in a new window)
TV Licensing Prosecution Code - Isle of Man (PDF 559 Kb opens in a new window)
*Calls to our 0300 numbers cost no more than a national rate call to an 01 or 02 number, whether from a mobile or landline. If you get inclusive minutes, calls to an 0300 number will be included free of charge.