How long before a speeding offence becomes void?

[Wimdows]

Hi folks,

I've been caught doing 74 on a 50 mph limit (road works - no one working at the time!) stretch of M4...

Since I don't have a British driving license (I have Dutch nationality), they couldn't issue me the fixed penalty ticket.

So I've been summoned to appear in court.

Thing is, court date is on 19th of May 2003, and the date of the offence was on 2nd of October 2002, which means it's been more than 6 months. I've been told if it's been more than 6 months, the case becomes void.

Is this true?

Thanks for your time!

Cheers,
Wim

>>> Edited by Wimdows on Thursday 10th April 22:28

>>> Edited by Wimdows on Thursday 10th April 22:29

[deltaf]

Think it has to be issued within the 6 months, not received.....others can tell you better tho.

[mattjbatch]

Hi Wim, I think you're out of luck. I think the 6 month rule is for the summons not the court appearance. Don't take my word for it though. Try www.abd.org.uk for more info. If you didn't turn up to court I don't think they'ed waste too much time looking for you though.

Matt



>> Edited by mattjbatch on Thursday 10th April 23:34

[Wimdows]

Thanks for the replies guys.

Although I have the Dutch nationality I've been living in the UK for some years now. So that makes "not turning up in court" a no-no...

Guess what - there's 6 months and 1 day in between the date of the summons and the date of the offence.

Still - someone else on the thread here mentioned, and I quote: "The summons does not have to be issued within 6 months, they just have to have the information available...."

Also providing a link to the Road Traffic Offenders Act 1988, which states:

(3) For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

So it looks like I'm out of luck. Or am I?

Thanks,
Wim

[madcop]

The information must be laid within 6 months of the commission of the offence. 'The information' means the facts relating to the charge are put before a magistrate or magistrates clerk for authorisation by the person laying the information (normally a Police chief inspector) and done so by being written out on the summons.

If the summons was issued after the 6 months from the commission of the offence, I would think you have grounds to argue that it was issued out of time and there is also an option available for the court to consider abuse of process of the court if the information has been unduly delayed before the summons was issued. This is relevant when the person laying the information hangs onto the information where there are other charges and they hedge bets on the more serious or better charges succeeding for the safegaurd of a lesser charge.

The fact that a summons was served long after 6 months from the date of the offence is immaterial to its validity. As long as the information is laid within the 6 month period from the date of the commission of the offence, the summons is valid and can be served even years later.

[mattjbatch]

Stand corrected. U suffering from insomnia too Madcop?

>> Edited by mattjbatch on Friday 11th April 02:46

[Wimdows]

Thanks madcop - that could be very useful information.

I'm a bit worried about the time in between the offence and summons only being 1 day...

Thing is they could've put the evidence before a magistrate or magistrates clerk for authorisation the day before, which is exactly 6 months...

Any idea what to do?

Thanks a bunch,
Wim

[stuuu]

Wim, My mates Dutch ex-girlfriend was in a similar situation. In court she pleaded guilty but complained that if she was British she would have been able take a fixed penalty and fine but because she was Dutch she had to come to court. When you plead guilty in court the minimum fine is greater than that of the fixed penalty (what she told me) therefore she felt that she was being discriminated against. They let her off.

Anyone.....is this correct and worth a shot?

[Wimdows]

Thanks Stu...

Blimey - there's so many different angles here.

Shall I focus on the 6 months, the evidence plus calibration cert (which I hope they won't be able to produce that easily - probably wrong assumption there), or plead guilty and tell the court I think I'm being discriminated against...

Or shall I simply write a letter to the Crown Prosecuting Service, stating all the things above and make sure I'm sounding knowledgable, so they won't take the chance of taking it any further?

Cheers,
Wim