A303 speeding tickets withdrawn
Discussion
http://www.lawontheweb.co.uk/motoringbadsigns.htm
[quote]
Below is a statement from the Wiltshire Speed Camera Partnership (issued 18/02/05) which indicates that they will not be pursuing prosecutions against drivers caught speeding on the A303 at Folly Bottom during 2003/2004. This has several repurcussions :-
Any drivers who have already been prosecuted for speeding during the specific dates can have those convictions quashed, the points taken off their licences, their fines repaid and make a claim for compensation for any losses they have suffered as a result of the wrongful conviction (eg increased insurance premium).
Other drivers who have been caught in the area and who cannot recall having seen clear speed restriction signs are now having their cases reviewed. These matters have been adjourned until 30 June 2005, but the CPS are expected to make a decision and statement about these cases before this date. If you have been caught speeding on this stretch of road over the past 2 years we would advise that you contact us with details of the case so that we can give you further guidance.
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Wiltshire Speed Camera Partnership Statement
A303 Folly Bottom
After careful consideration of all of the available evidence, including detailed reports prepared by expert witnesses for both defence and prosecution, the Crown Prosecution Service has decided to withdraw speeding prosecutions relating to the A303 at Folly Bottom.
In the cases which were listed for a pre-trial review hearing at Salisbury Magistrates Courts on 17 February 2005; the prosecution offered no evidence and those cases were dismissed. (The Police and CPS are now carrying out a review of any remaining pending cases).
Evidence supplied by the defence raised the possibility that the defendants could have been confused by the signage. There was insufficient evidence to prove beyond reasonable doubt that at all times the speed restriction signs were positioned correctly, in accordance with the legal requirements. The CPS therefore concluded that there was not a realistic prospect of conviction.
From May 2003, the A303 trunk road at Folly Bottom near Amesbury, Wiltshire was the subject of extensive road works over a period of many months. On 10 May 2003 a Road Traffic Order under the provisions of section 14(1)(a) of the Road Traffic Regulation Act 1984 came into force to impose a temporary speed restriction of 40 mph through the area of the road works. This was for the purposes of road safety, and health and safety for the road works staff.
The nature of these extensive road works required that the restriction signs be moved to correspond with the daily works.
To protect road users and staff at the site, the Wiltshire Constabulary Safety Camera Unit carried out periodic speed enforcement checks, which resulted in court prosecutions. These cases were sent to the Crown Prosecution Service for review and prosecution.
Although there was clear evidence of careful checks of the signage having been carried out by the enforcing police officers prior to conducting speed checks, the defence expert’s report highlighted that there was insufficient evidence to prove a consistently high standard of checks to ensure that the signage met legal requirements at all times.
[/quote]
[quote]
Below is a statement from the Wiltshire Speed Camera Partnership (issued 18/02/05) which indicates that they will not be pursuing prosecutions against drivers caught speeding on the A303 at Folly Bottom during 2003/2004. This has several repurcussions :-
Any drivers who have already been prosecuted for speeding during the specific dates can have those convictions quashed, the points taken off their licences, their fines repaid and make a claim for compensation for any losses they have suffered as a result of the wrongful conviction (eg increased insurance premium).
Other drivers who have been caught in the area and who cannot recall having seen clear speed restriction signs are now having their cases reviewed. These matters have been adjourned until 30 June 2005, but the CPS are expected to make a decision and statement about these cases before this date. If you have been caught speeding on this stretch of road over the past 2 years we would advise that you contact us with details of the case so that we can give you further guidance.
--------------------------------------------------------------------------------
Wiltshire Speed Camera Partnership Statement
A303 Folly Bottom
After careful consideration of all of the available evidence, including detailed reports prepared by expert witnesses for both defence and prosecution, the Crown Prosecution Service has decided to withdraw speeding prosecutions relating to the A303 at Folly Bottom.
In the cases which were listed for a pre-trial review hearing at Salisbury Magistrates Courts on 17 February 2005; the prosecution offered no evidence and those cases were dismissed. (The Police and CPS are now carrying out a review of any remaining pending cases).
Evidence supplied by the defence raised the possibility that the defendants could have been confused by the signage. There was insufficient evidence to prove beyond reasonable doubt that at all times the speed restriction signs were positioned correctly, in accordance with the legal requirements. The CPS therefore concluded that there was not a realistic prospect of conviction.
From May 2003, the A303 trunk road at Folly Bottom near Amesbury, Wiltshire was the subject of extensive road works over a period of many months. On 10 May 2003 a Road Traffic Order under the provisions of section 14(1)(a) of the Road Traffic Regulation Act 1984 came into force to impose a temporary speed restriction of 40 mph through the area of the road works. This was for the purposes of road safety, and health and safety for the road works staff.
The nature of these extensive road works required that the restriction signs be moved to correspond with the daily works.
To protect road users and staff at the site, the Wiltshire Constabulary Safety Camera Unit carried out periodic speed enforcement checks, which resulted in court prosecutions. These cases were sent to the Crown Prosecution Service for review and prosecution.
Although there was clear evidence of careful checks of the signage having been carried out by the enforcing police officers prior to conducting speed checks, the defence expert’s report highlighted that there was insufficient evidence to prove a consistently high standard of checks to ensure that the signage met legal requirements at all times.
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