TV Licence Prosecution: Understanding the Process & Your Defence Options

Learn about the prosecution process, where fines go, and how to proactively defend yourself.

The Key Fact About Fines

The BBC does not receive any money from fines.

When someone is convicted and fined for not having a TV Licence, the fine money goes to HM Courts & Tribunals Service and the Ministry of Justice — not to the BBC or TV Licensing.[1]

"Fines are a matter for the court alone to impose and collect and dispose of, not the BBC or TV Licensing."

— TV Licensing FOI Response[1]

The Proactive Defence Strategy

Don't wait for a summons — act now.

If you are expecting a summons from TV Licensing, you can write to your local magistrates' court with a "Notice of Intent to Defend" before you receive the summons. This is a smart, legal, and strategically sound approach.

Can You Pre-Plead Not Guilty?

Formally: No. You cannot enter a not guilty plea until the court has actually issued a summons and you are officially notified of the charge. The Single Justice Procedure requires you to respond within 21 days of receiving the notice, not before.[2]

Strategically: Yes. Writing a "Notice of Intent to Defend" letter to the court in anticipation of a summons is:

  • Not a formal plea — so it doesn't bypass the SJP process
  • A strategic preparation that shows you are aware, engaged, and intend to defend
  • Admissible as context — a judge may see it and recognise you're serious about contesting the case
  • A hedge against postal delays — if the actual summons gets lost in the post, you have written evidence you were preparing a defence

Benefits of the Proactive Approach

Benefit Explanation
Anticipatory evidence Shows you were aware and prepared, not caught off-guard
Good faith Demonstrates you are not trying to evade justice; you are proactively engaging
Postal hedging If the actual summons is lost in post, you have written evidence you knew about the case
Credibility A judge seeing this will think, "This person is organised and serious; they are likely telling the truth"
Declaration on file Your facts are documented early, before any summons is issued; harder for TV Licensing to contradict later

The Single Justice Procedure

Most TV Licence cases are dealt with under the Single Justice Procedure (SJP), where a magistrate reviews the case on paper without the defendant present.

80% of people never respond to the Single Justice Procedure notice, resulting in automatic conviction.[4]

This is why responding to any court summons is crucial — even if you intend to plead not guilty.

What Happens When You Receive a Summons

  1. You receive a Single Justice Procedure Notice with charge details and a plea form
  2. You have 21 days from the date on the notice to respond
  3. Your options:
    • Plead guilty (by post or online)
    • Plead not guilty (request a court hearing)
    • Do nothing (results in automatic conviction)
  4. If you don't respond: A magistrate will review the case without you and likely convict

The Recommended Response Strategy

  1. Complete the form, tick "NOT GUILTY"
  2. Provide a detailed statement explaining why
  3. Reference your earlier Notice of Intent to Defend (if you sent one)
  4. Include any evidence (smart TV settings, subscription statements, photos of equipment)
  5. Send by recorded delivery (Royal Mail Signed For)

Key Points for Your Defence

When defending a TV Licensing case, you should be prepared to state:

  • You do not own a television capable of receiving live broadcasts, OR if you do own one, it is not connected to an aerial, satellite dish, or any device capable of receiving live television
  • You do not watch or record live television broadcasts on any channel, including via streaming devices or mobile phones
  • You do not use BBC iPlayer (live or on-demand)
  • You have never given permission to any TV Licensing officer to enter your property
  • You have never signed any TVL178 "Prosecution Statement" or other document admitting to TV watching
  • You have issued a formal Withdrawal of Implied Right of Access (WOIRA)

Important: Do not make statements you cannot prove. Stick to facts only. If any enforcement officer claims to have witnessed you watching live TV, you can state this is false and that you did not give them access or consent to their observations.

Your Right to Disclosure

If prosecuted, you have the right to request:

  • Full disclosure of all evidence the prosecution intends to rely upon
  • Details of how the alleged detection was made
  • Confirmation that any evidence was obtained lawfully and in compliance with PACE 1984
  • Any witness statements or enforcement officer notes
  • Details of any equipment allegedly used for detection

The prosecution must prove their case beyond reasonable doubt. You have the right to legal representation and can make further submissions.

Why Does the BBC Prosecute If They Don't Get the Fines?

The BBC's only potential "benefits" from prosecution are:

  1. Deterrent effect: Prosecutions are meant to discourage evasion
  2. Licence purchases: If you buy a licence to avoid court or after conviction, the BBC benefits
  3. Partial cost recovery: Through increased licence purchases (the fine itself goes to the court)

However, prosecutions are actually ineffective for revenue recovery:

  • Even if convicted, the fine goes to the court, not the BBC
  • The only way the BBC benefits is if you subsequently buy a licence (£174.50/year)
  • Convictions often alienate people further — they frequently don't buy licences afterwards
  • The BBC loses reputation and faces criticism for prosecuting vulnerable groups

Who Gets Prosecuted?

  • 75% of prosecutions are against women[5]
  • Prosecutions disproportionately affect low-income households
  • Most convictions result from people simply not responding to court papers

Important Caveats

  1. No guarantees: Writing to the court early does not prevent a summons or guarantee acquittal
  2. Don't over-commit: Only state facts you can prove
  3. Consider legal advice: A solicitor experienced in TV licensing cases can ensure your defence is robust
  4. Keep copies: Keep copies of everything you send (with recorded delivery receipts)
  5. Still respond to the summons: A Notice of Intent to Defend does NOT replace the formal SJP response — you must still respond within 21 days when you receive the actual summons

Summary

  • Fines do not go to the BBC — they go to HM Courts & Tribunals Service
  • Be proactive: Send a Notice of Intent to Defend before receiving a summons
  • Always respond: 80% of convictions happen because people don't respond
  • Request disclosure: You have the right to see all evidence against you
  • Document everything: Keep copies and send by recorded delivery
  • Don't panic: Being organised and prepared significantly strengthens your position

Generate Your Letters

WOIRA can help you generate the letters you need:

  • Notice of Intent to Defend — Proactive letter to the court before a summons
  • Court Summons Response — Not guilty plea response after receiving a summons
  • WOIRA Notice to Police — Formal withdrawal of implied right of access
  • Notice to TV Licensing — Inform TV Licensing of your legal position

Create Your Letters

References

  1. TV Licensing FOI: Administering the Licence Fee
  2. TV Licensing: Prosecutions
  3. Sentencing Council: TV Licence Payment Evasion Guidelines
  4. APPEAL: TV Licensing Research
  5. APPEAL: Why 75% of Prosecutions Are Against Women
  6. GOV.UK Court Finder

Disclaimer

This information is provided for educational purposes only and should not be considered legal advice. Laws and regulations may change. If you require specific legal guidance regarding a court summons, please consult a qualified solicitor. Many offer free 30-minute consultations.