Six Months Rule - urban myth or reality

[martin hunt]

My Car was caught on a speed camera on August 8th 2002, did not receive an NIP but in December recieved a reminder. Wrote backing stating that I did not get the original letter, asked them for proof of postage, photographic evidence and copy of calibration certificate.

They replied on the 12th Feb with the photo, but no proof of posting and no copy of certificate stating that these are items for their evidence and that they have sent my file to the CPS.

Have not heard anything since, but someone I work with tells me that they only have 6 months to prosecute from the date of offence therefore by 8th February.

Is this True?

>>> Edited by martin hunt on Thursday 13th March 13:02

[dazren]

My understanding is unless the court have issued proceedings within 6 calendar months of the offence they are scuppered. Not sure if this stands if you have failed to complete the form to the best of your ability.

There is much talk now of filling the form out but NOT signing it, making it inadmissable as evidence in court. The police do not have the right to make you sign it later, you can legally refuse to sign it if "pestered" by them.

Any BiB/Lawyer types care to comment on the original question (or tell me I'm wrong in what I've said?).

DAZ

PS - Martin see you in the Richmond sometime to collect my diet coke!

[sailor]

Careful about the 6 months, in practice they can ignore this, as they only have to have the information to hand within 6 months. Aldershot Police Court have a close relationship with BiB Winchester, their summons has a separate "date of information", which bears no relationship to the date of issue, and even less to the date served.

:formerlyuprightloyalsubject:

[kevinday]

As Madcop has explained a number of times, the date of issue of the summons has to be within 6 months, it may then be served at any time up to several years later.

[martin hunt]

Thanks all, still a little unsure as to if I am now clear or not.

Kevin,

I am assuming you weren't being partonising!!!! but that does not answer my question.

I have not received a summons for anything, only a letter stating that the police are sending my file to the CPS, does the 6 month rule apply to this, if so I am assuming I cannot be prosecuted now?

Many thanks in advance for your help.

[sailor]

kevinday said: As Madcop has explained a number of times, the date of issue of the summons has to be within 6 months, it may then be served at any time up to several years later.

The summons does not have to be issued within 6 months, they just have to have the information available....

(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.

www.hmso.gov.uk/acts/acts1988/Ukpga_19880053_en_2.htm#mdiv6

Road Traffic Offenders Act 1988, part I, section 6 para (3)

[bobthebench]

Prosecutor can "stop the clock" by getting an initiating warrant. This requires coming to court with the summons and stating why it cannot be served within the 6 months. Usually if postal service returned, then something like present whereabout unknown will suffice. Then gues what, the cops find you exactly where you've always been, and serve you with the summons at a later date.

[kevinday]

Martin, sorry if I sounded patronising, did not mean to be, I should have put in a link to a Madcop post. I think the later answers should answer your questions.