6 months limit - CPS
Author
Discussion

woof

Original Poster:

8,456 posts

307 months

Monday 12th December 2005
quotequote all
Hi Chaps

Cast your minds back to May 2005 - i was pulled over on the M25 for speeding
www.pistonheads.com/gassing/topic.asp?t=186786

I was told that the CPS has 6 months to pursue the case
We'll it's about 6 months now (not wanting to tempt fate here but) I haven't heard anything at all

I took alook at www.cps.gov.uk/legal/section9/chapter_a.html#24
Well that seems to back the 6months timeframe limit and in fact mentions that I should of received something within 14 days ?

Anyway - fingers crossed nothing turns up in the next 2 days
and secondly do I need to do anything ?

Cooperman

4,428 posts

280 months

Monday 12th December 2005
quotequote all
As you were stopped by a police patrol and, presumably, informed at that time that you would be reported for consideration of proceedings, the 14 day requirement does not exist. You posted that you had been stopped on the 16th June this year. So, not counting the day on which you were stopped, the police have until close of business on the 17th of this month to lay the information. A summons could then be prepared. In practice this really means that you could receive a summons up to a reasonable period after this, say the end of the year.
Good luck with this - let's hope it has gone away.

woof

Original Poster:

8,456 posts

307 months

Monday 12th December 2005
quotequote all
Hi

It was actually the 15th - so one less day !

fingers crossed !

chimy

39 posts

258 months

Tuesday 13th December 2005
quotequote all
I have recently had a summons - speeding - dated 8 days before the 6 months were up, but posted 10 days after the 6 months were up and it was another two days before i got it however this is ok apparently they can post it as long as they like after the information date.

so don't hold your breath.

sorry chimy

woof

Original Poster:

8,456 posts

307 months

Tuesday 13th December 2005
quotequote all
chimy said:
I have recently had a summons - speeding - dated 8 days before the 6 months were up, but posted 10 days after the 6 months were up and it was another two days before i got it however this is ok apparently they can post it as long as they like after the information date.

so don't hold your breath.

sorry chimy


I'm not - but sounds like they're a law on to their own - duh - they are !

SS2.

14,712 posts

268 months

Tuesday 13th December 2005
quotequote all
woof said:
We'll it's about 6 months now (not wanting to tempt fate here but) I haven't heard anything at all

I took alook at www.cps.gov.uk/legal/section9/chapter_a.html#24
Well that seems to back the 6months timeframe limit and in fact mentions that I should of received something within 14 days ?

Anyway - fingers crossed nothing turns up in the next 2 days
and secondly do I need to do anything ?


If it were me, I'd find out the Mags Court that deals with motoring matters for the area you were pulled. Give them a quick call and ask if any informations have laid in the name of Woof. By doing that, you would be certain whether the matter had been dropped or otherwise.

And note that the summons can be issued a long time after the papers are laid - upto 2 years IIRC.

woof

Original Poster:

8,456 posts

307 months

Tuesday 13th December 2005
quotequote all
So if I understand it right - the 6 months thing is total bollox !
They can file whenever they want !?


SS2. said:
woof said:
We'll it's about 6 months now (not wanting to tempt fate here but) I haven't heard anything at all

I took alook at www.cps.gov.uk/legal/section9/chapter_a.html#24
Well that seems to back the 6months timeframe limit and in fact mentions that I should of received something within 14 days ?

Anyway - fingers crossed nothing turns up in the next 2 days
and secondly do I need to do anything ?


If it were me, I'd find out the Mags Court that deals with motoring matters for the area you were pulled. Give them a quick call and ask if any informations have laid in the name of Woof. By doing that, you would be certain whether the matter had been dropped or otherwise.

And note that the summons can be issued a long time after the papers are laid - upto 2 years IIRC.


SS2.

14,712 posts

268 months

Tuesday 13th December 2005
quotequote all
woof said:
So if I understand it right - the 6 months thing is total bollox !
They can file whenever they want !?

No, the six month rule is bulletproof..

The police have 6 months from the date of the offence to lay the papers with the court. A summons can then be issued upto 2 years after this date (RTOA 1988 says 3 but I seem to remember Europe getting involved and suggesting 3 years was 'unreasonable')

The best way to be certain is to phone the court and ask..


>> Edited by SS2. on Tuesday 13th December 20:15

woof

Original Poster:

8,456 posts

307 months

Tuesday 13th December 2005
quotequote all
OK - got it
So i'll give them a call on Thursday then !



SS2. said:
woof said:
So if I understand it right - the 6 months thing is total bollox !
They can file whenever they want !?

No, the six month rule is bulletproof..

The police have 6 months from the date of the offence to lay the papers with the court. A summons can then be issued upto 2 years after this date (RTOA 1988 says 3 but I seem to remember Europe getting involved and suggesting 3 years was 'unreasonable')

The best way to be certain is to phone the court and ask..


>> Edited by SS2. on Tuesday 13th December 20:15