Note book only not an official ticket

[The Moosehunter]

Hi Guys

If an offender has been caught speeding a little over the fixed penalty limit, say (100 in a 70 ) is it normal to note down an offenders details in an officers note book only and not issuie an official ticket of any sort

Then be told to expect a letter from the Magistrate within 6 MONTHS

Just curious you understand

Any assistance of anyone who knows say, Wiltshire Constabularies procedures, would be greatly appreciated. Just in case anyone asks me

Cheers

[Greendubber]

Details noted down for purpose of raising a summons.

[Number 5]

Exactly that happened to me, it took five months for the summons to arrive

[agtlaw]

The Moosehunter said:

Hi Guys

If an offender has been caught speeding a little over the fixed penalty limit, say (100 in a 70 ) is it normal to note down an offender's details in an officer's note book only and not issue an official ticket of any sort?

Then be told to expect a letter from the Magistrates' court within 6 months.

Just curious you understand.

Any assistance of anyone who knows say, Wiltshire Constabulary's procedures, would be greatly appreciated. Just in case anyone asks me.

Cheers

Yes. There is no requirement for notice of intended prosecution if you were warned at the time; see s. 1 RTOA 1988.

For a summary only offence (unless other legislation otherwise provides) then an authorised prosecutor must issue a written charge and requisition not more than 6 months after the offence alleged. Alternatively, "lay the information" at court within 6 months.

[ging84]

That is exactly what happens, it is a verbal notice of impending prosecution

[agtlaw]

ging84 said:

That is exactly what happens, it is a verbal notice of impending prosecution

Close, but no cigar.

Edited by agtlaw on Saturday 23 May 21:13

[btcc123]

The Moosehunter said:

Hi Guys

If an offender has been caught speeding a little over the fixed penalty limit, say (100 in a 70 ) is it normal to note down an offenders details in an officers note book only and not issuie an official ticket of any sort

Then be told to expect a letter from the Magistrate within 6 MONTHS

Just curious you understand

Any assistance of anyone who knows say, Wiltshire Constabularies procedures, would be greatly appreciated. Just in case anyone asks me

Cheers

Being caught speeding at 100 in a 70 is not a little over the fixed penalty limit,its a lot over.

It means a nice trip to the court to see the judge so he can give you a nice big fine and take your licence away for a while.

[Cat]

btcc123 said:

Being caught speeding at 100 in a 70 is not a little over the fixed penalty limit,its a lot over.

Not really the usual cut off for an FPN is 95.

Cat

[agtlaw]

btcc123 said:

It means a nice trip to the court to see the judge so he can give you a nice big fine and take your licence away for a while.

A judge in the magistrates' court? Possible I suppose, but unlikely. Nice big fine? That depends if he has a high income - as the fine is income based. Loss of licence? 100 isn't a big deal, 101+ would be trickier as that would put him in a different sentencing category.

[The Moosehunter]

Cheers for the information ..... if a little gloomy

Any chance of a speed awareness course if said recipient of impending prosecution has had a clean licence for nigh on 20 years ?

I think it may be beneficial

Any idea of likely points tally based on previous impeccable behaviour ? Or does that count for nothing ?

I appreciate this will only be a guide

Thanks again

[btcc123]

Cat said:

btcc123 said:

Being caught speeding at 100 in a 70 is not a little over the fixed penalty limit,its a lot over.

Not really the usual cut off for an FPN is 95.

Cat

I was thinking of the charging threshold of 79 not the summons at 96 or over.

Asking for trouble at 80 or more.

[btcc123]

agtlaw said:

btcc123 said:

It means a nice trip to the court to see the judge so he can give you a nice big fine and take your licence away for a while.

A judge in the magistrates' court? Possible I suppose, but unlikely. Nice big fine? That depends if he has a high income - as the fine is income based. Loss of licence? 100 isn't a big deal, 101+ would be trickier as that would put him in a different sentencing category.

I was thinking court but realise that a magistrates court there would be a magistrate.I thought that being caught at 100 or over was automatically a large fine and did not realise that it was linked to your income and that finished years ago.I can remember about 20-30 years ago my father was fined something silly like £5000 for doing 65 in a 50 somewhere in the New Forest.

[Ki3r]

The Moosehunter said:

Cheers for the information ..... if a little gloomy

Any chance of a speed awareness course if said recipient of impending prosecution has had a clean licence for nigh on 20 years ?

I think it may be beneficial

Any idea of likely points tally based on previous impeccable behaviour ? Or does that count for nothing ?

I appreciate this will only be a guide

Thanks again

No chance of a DAS for that speed. Cut off in a 70 is 83. Anything faster and its a FPN, 96+ is a date in court sadly.

Fine will be anything up to £1,000 (unless it was a motorway, I then think it's up to £2,000/£2,500).

Will also be anything up to six points.

Fine will be based on what you earn, what you have in savings and your outgoings.

Hope that helps.

btcc123 said:

I was thinking court but realise that a magistrates court there would be a magistrate.I thought that being caught at 100 or over was automatically a large fine and did not realise that it was linked to your income and that finished years ago.I can remember about 20-30 years ago my father was fined something silly like £5000 for doing 65 in a 50 somewhere in the New Forest.

Find it very hard to believe that he was fined £5,000 for doing 15MPH over the limit. Seeing as the limit now is £1,000.

When I gave evidence in a mag court we had a judge for some reason, so is possible.

[The Moosehunter]

Ki3r said:

Find it very hard to believe that he was fined £5,000 for doing 15MPH over the limit. Seeing as the limit now is £1,000

Perhaps he was a Judge himself

Thanks again for the clarification, I'm sure a day in court will be a humbling experience in itself

[The Moosehunter]

I suppose gettiing lost in the system over the next 6 months would be a little on the optimistic side ........

[bad company]

The Moosehunter said:

I suppose gettiing lost in the system over the next 6 months would be a little on the optimistic side ........

Happened to me. The 6 months came & went but I heard nothing.

Just got lucky I guess.

[btcc123]

Ki3r said:

Find it very hard to believe that he was fined £5,000 for doing 15MPH over the limit. Seeing as the limit now is £1,000.

When I gave evidence in a mag court we had a judge for some reason, so is possible.

My father is 86 now and this happened a few years after he retired at 55.As far as I remember he got flashed by a speed camera and was sent the details by post and had to fill out a form regarding his earnings and did not have to go to court and was sent the fine of just over 5k by post which he paid.I think his pension was about 500k a year.

[Slidingpillar]

It would not surprise me if there was effectively another charge laid here. If one wants to speed, best not to do it in the New Forest as they are very hot on the offence and there are some other laws that apply there as well.

[agtlaw]

Slidingpillar said:

It would not surprise me if there was effectively another charge laid here. If one wants to speed, best not to do it in the New Forest as they are very hot on the offence and there are some other laws that apply there as well.

??

[4rephill]

agtlaw said:

Slidingpillar said:

It would not surprise me if there was effectively another charge laid here. If one wants to speed, best not to do it in the New Forest as they are very hot on the offence and there are some other laws that apply there as well.

??

I suspect they're getting confused with the Law in Scotland where being caught for speeding at 100mph+ usually also brings a charge of dangerous driving, even if no accident/incident was caused.

In England, whilst the Law sees driving over 100mph as dangerous, it doesn't automatically assume it to be worthy of a "dangerous driving" charge.

(If you're caught by police at over 100mph and they decide your driving was not only too fast but also dangerous however, then the dangerous driving charge can also be applied)