How long after the (alleged) offence.....
How long after the (alleged) offence.....
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Discussion

Leadfoot

Original Poster:

1,910 posts

302 months

Thursday 8th January 2004
quotequote all
...are you in the clear?

G/f was captured by a scammera on the 28th June.
NIP was duly served on her & sent back unsigned. Exchange of threats from them/replies from us for a while then silence since their last letter on the 8th August & our reply on the 27th.

I was under the impression that the (alleged) offence must be put before a magistates court within 6 months or be void. Is this correct?

Dwight VanDriver

6,583 posts

265 months

Thursday 8th January 2004
quotequote all
One of two possibilities:

(1) Because things haven't gone to plan paperwise then they may have given up the ghost. OR

(2) They have laid an information (request to Mags Clerk to issue a summons on a date yet to be fixed). Providing they do this within 6 months of the offence then it can lay on file as long as they want and a summons issued a year later. But there again, they may not have laid an information. Rule 1 applies.

You want to feel lucky - drop into the Mags Clerks Office of the area of the offence and ask if an Information has been laid in G/F's name.

Limitation on proceedings for speeding (laying of inf) is as you say - 6 months.

DVD

PS Clark's do a light right shoe.Some pretty colours to.

onedsla

1,134 posts

277 months

Thursday 8th January 2004
quotequote all
Although the offense of failure to identify the driver starts 28 days after the NIP is stored - so:
6 months + 14 days + 28 days (I guess?)

Dwight VanDriver

6,583 posts

265 months

Thursday 8th January 2004
quotequote all
O

172(7) request may be made by written notice sent by post and where this is made it shall (a) have effect as a requirement to give the information within the period of 28 days beginning the day on which the notice was served.

If given a HO/RT/1 (producer) and you fail to produce docs within 7 days allowed the offence is committed at time of demand not 7 days later.

So from the above, speed from 6 months of commission and fail to name 6 months from when notice served.

DVD