How long to wait for summons?

[135sport]

How long does one need to wait for a summons for a motoring offence?

I have been told in the past that the whole process (offence, summons, court, etc.) for a speeding offence must be dealt with within 6 months of the date the offence was comitted.

Is this true?

Thank you in advance.

[Dwight VanDriver]

Been covered many times 135 but once again for U

Following the detection of a summary offence then after CPS have authorised prosecution an Information is laid before a Justice ( bit of paper outlining your details and nature of the offence)which is signed (or rubber stamped). Following this a summons can be issued with a court date. Date the information was laid will be shown on the summons.

The majority of simple offences carry a limitation on proceedings being taken i.e. the laying of the information, to 6 months from date of offence. After this time no summons should be issued. Some other offences carry a limitation on proceedings 6 months from coming to the notice of the prosecutor within a 3 year period.

There is no time limit on service of summons once raised so can be held for service after 6 months.However, it may well be subject of questioning by the Bench if there is an undue delay between offence and court hearing.

A summons remains valid until it is withdrawn. Generally because it cannot be served because the offender cannot be traced.

DVD

>> Edited by Dwight VanDriver on Monday 15th November 07:44

[135sport]

I have been reading through the various topics trying to find the answer, but am still unsure.

The offence happened on the 01st May, I was stopped at the road side and informed verbally that I would be prosecuted.

I have received a summons dated the 15th October. Which is within the 6 month period.

I did not actually receive the summons until the 13th November (so not sure where it has been sat for the last 4 weeks).

And the court date has been set for the 30th November.

My assumption now is that this summons is still valid becuse it was logged within 6 months even if I did not receive it within 6 months.

And the fact that the court process is out of the 6 month window is irrelevant.

Correct?

[Dwight VanDriver]

Look at the summons and you should see a date when information laid which from what you say will be within the 6 months limitation on proceedings so all lawful.

......morning your Workships.....

DVD

[135sport]

The single sheet summons paper is dated the 15th October, but a seperate section B - Certificate of Service is dated and signed the 12th November.

That would explain where it has been for the last 4 weeks.

I already know that I will be out fo the country on the advised court date as part of my work, can I request a new date? Or is work not a sutible reason?

[Dwight VanDriver]

If your not employing a Brief phone the Mags Clerks Office and tell them your problem and ask for an adjournment. They should play ball.

But back your verbal request up with a written letter as a safe guard.

DVD