Speeding Charges dropped.
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Discussion

Towie Lives !!

Original Poster:

14,938 posts

269 months

Sunday 17th December 2006
quotequote all
It`s been a while since I`ve been here, so I thought I`d update you.

You will remember that I received two NiPs within a week of each other for 48 in a 40 (HGV, deristricted single carriageway). I refused to answer until they supplied a pic, stating that anyone could have picked up a spare no plate (they are not fixed to the back of artics) and pinged a camera deliberately.

The pic has not been forthcoming, and I have heard nothing for over three months.

Result!

winnebago nut

168 posts

288 months

Sunday 17th December 2006
quotequote all
Ain't they got up to six months. Atb Derek.

Towie Lives !!

Original Poster:

14,938 posts

269 months

Sunday 17th December 2006
quotequote all
winnebago nut said:
Ain't they got up to six months. Atb Derek.


Since date of offence? Long passed!

Dwight VanDriver

6,583 posts

274 months

Sunday 17th December 2006
quotequote all
Longer than 6 months if they have laid an information.

(Information is a charge made before a Justice to the effect that some person has or is suspected of having committed an offence. (Usually in writing) Proceeds the issue of a summons.)

dvd

slowly slowly

2,474 posts

254 months

Sunday 17th December 2006
quotequote all
Towie Lives !! said:
It`s been a while since I`ve been here, so I thought I`d update you.

You will remember that I received two NiPs within a week of each other for 48 in a 40 (HGV, deristricted single carriageway). I refused to answer until they supplied a pic, stating that anyone could have picked up a spare no plate (they are not fixed to the back of artics) and pinged a camera deliberately.

The pic has not been forthcoming, and I have heard nothing for over three months.

Result!




You're tempting fate aren't you?.

turbobloke

117,341 posts

290 months

Sunday 17th December 2006
quotequote all
If it goes to Court - DvD's post is news and useful info but still consider it remotely unlikely - and they haven't sent you copies of the 'evidence' (pics) at least seven days prior, it's inadmissible anyway. Criminal Justice Act. Hopefully DvD will amplify or say I'm wrong...

Dwight VanDriver

6,583 posts

274 months

Sunday 17th December 2006
quotequote all
Poster makes no mention of having been served with a summons so disclosure rules do not kick in until that time and NG entered.

If an offence is being investigated, for an offence of speeding or for failing to name a driver (S172) which have a limitation on proceedings of 6 months,if they wish to continue matters and issue a summons, then, before the 6 months is up, they can lay an information. If this done in time then the matter can be pusued after the 6 months and a summons taken out and served any time after the 6 months.

Most useful in my day for chasing errant pongos that were posted to far off lands and on their return 2/3 years later, summons awaited and Court action ensued.

I would mention that if there were no undue circumstances to prevent summons being issued as early as possible, it could well be mentioned in Court which could result in merciful decision by the Bench and a roasting for CPS.

dvd

Edited by Dwight VanDriver on Sunday 17th December 15:19

turbobloke

117,341 posts

290 months

Sunday 17th December 2006
quotequote all
OK, DvD didn't say I'm wrong, so I'll take it that the 7 day disclosure requirement in the CJA still applies and retire for a glass or two of sethevrikan red

streaky

19,311 posts

279 months

Sunday 17th December 2006
quotequote all
turbobloke said:
OK, DvD didn't say I'm wrong, so I'll take it that the 7 day disclosure requirement in the CJA still applies and retire for a glass or two of sethevrikan red
I think he did! - Streaky