Double jeopardy - Warning letter and NIP?

[jmcc500]

I reported a driver who nearly knocked me from my bicycle a few weeks ago (in fact he drove at me as I passed through a pinch point, hooted me, then performed a close pass to punich me for him having to slow down). Initial police action was to issue a warning letter. I objected to this course of action (as there were several prosecutable offences) which took some time, and the result was that a supervisor reviewed the footage I had submitted and confirmed that the driver should have been considered for prosecution, but that this was no longer possible. The original assessor has been 'spoken to' and 'warned over future conduct'.

I have had further communication with the supervisor who has now said that the reasons for not prosecuting are both out of time (beyond 14 days to issue NIP, fair enough but somewhat frustrating), and that 'even if you had made us aware within the 14 days we still wouldn’t be able to prosecute as the matter had been dealt with in a way of a formal warning and this would fall under the double jeopardy law'.

I was under the impression that double jeopardy referred to being tried for an offence for which they had already been tried, but this seems to imply that even a formal warning prevents future prosecution. Is this the case?

Thanks in advance!

[Solocle]

At the least I think they could issue a Section 59 warning.

[carreauchompeur]

I think what they’re saying doesn’t really refer to formal law as such, double jeopardy is a specific thing which wouldn’t apply here. Rather, it would prejudice any prosecution if they had already warned for it.

Unfortunately the 14 day NIP rule won’t be waived in this circumstance, but it sounds like someone will be bked which is good!

[jmcc500]

Thanks for replies, hopefully the driver will be a bit more circumspect in future!

Cheers.