Spot the low life, revenue generators..................
Discussion
Within the Road Traffic Act, there are several parking offences that can be committed including leaving a vehicle in a dangerous position, itself subject of endorsement and NIP.
If the evidence is gained from an unlawful act, then it will be excluded by a court.
Just a thought!
Edited by mg6b on Tuesday 20th February 18:10
mg6b said:
Within the Road Traffic Act, there are several parking offences that can be committed including leaving a vehicle in a dangerous position, itself subject of endorsement and NIP.
If the evidence is gained from an unlawful act, then it will be excluded by a court.
Just a thought!
Edited by mg6b on Tuesday 20th February 18:10
For once I agree with you.
It would make an interesting test case.
Usually if you are talking about a PACE offence (which is say when the police "entrap" you) then it will still fall to the facts as to whether or not you can exclude that evidence. It isn't a sure fire winner, and in the case of speeding, the offence committed by the police is in no relation to your offence and in no way encitement etc.. so I reckon you would struggle to get that one to succeed. I am sorry to say.
jasandjules said:
Usually if you are talking about a PACE offence (which is say when the police "entrap" you) then it will still fall to the facts as to whether or not you can exclude that evidence. It isn't a sure fire winner, and in the case of speeding, the offence committed by the police is in no relation to your offence and in no way encitement etc.. so I reckon you would struggle to get that one to succeed. I am sorry to say.
Its been done recently.
Talking to the Court File admin supervisor in my nick,
A camera van parked in a layby on a dual carriageway subject of a clearway order. This covers the layby which can only be used as in the case of motorway hardshoulder (in an emergency or breakdown).
Camera van is in contravention of the clearway order, evidence is illegally obtained.
Camera van has been told that evidence is illegally obtained and therefore cannot be used.
CPS have agreed that this is the case and binned the cases.
mg6b said:
Its been done recently.
Talking to the Court File admin supervisor in my nick,
A camera van parked in a layby on a dual carriageway subject of a clearway order. This covers the layby which can only be used as in the case of motorway hardshoulder (in an emergency or breakdown).
Camera van is in contravention of the clearway order, evidence is illegally obtained.
Camera van has been told that evidence is illegally obtained and therefore cannot be used.
CPS have agreed that this is the case and binned the cases.
Does this include all the people who got sent FPN and simply paid up? Didn't the CPS/ACPO recently threaten that if anyone had the temerity to request their day in court they would be liable for every expense right down to the tea and biscuits if they were found guilty?
I agree that illegaly obtained evidence should be chucked out but the SCPs are never going to self regulate (the employees have mortgages to pay etc) so unless you risk a very expensive court case they are going to get away with using corrupt evidence. This must make real law enforcement officers angry after every single piece of evidence they submit is scrutinised before prosecution. The fixed penalty system basically allows the SCPs to operate outside the law
MilnerR said:
[quote=mg6b]
I agree that illegaly obtained evidence should be chucked out .......
I agree that illegaly obtained evidence should be chucked out .......
If you are astute and research the evidence (only what a solictor will do at great cost), if you find that there is a hole in the prosecution, it will not succeed. Writing to the admin unit with the fact that evidence was obtained illegally will be a sure fire way of havingthe case dropped before it even goes to court.
If the police fail to comply with any aspect of PACE, there is scope for having cases thrown out. Evidence gained in breach of PACE is obtained illegally and therefore cannot be used.
Evidence gained by an illegal act cannot be used!
If a camera van is parked illegally i.e. in contravention of a particular traffic order whether that be a local order or a RTA regulation, then the evidence they capture cannot be used to prosecute others whilst they are in contravention of the rules at that location collecting that evidence.
Try it! It certainly worked in the file upgrade room for the area I work when the Manager (ex police Sgt) realised what the camera vans were up to to gain their evidence!
mg6b said:
Evidence gained by an illegal act cannot be used!
My point was that the SCPs bypass the whole issue by sending out millions of FPNs. If a van is parked illegally and catches a hundred motorists then the vast majority 90%+ are simply going to pay the 60 quid without bothering to look into how that evidence was obtained. The SCP employees aren't going to bother making sure that they are legal because the vast majority of people just pay up no questions asked. It's a corrupt system, completely at odds with the hoops real law enforcers have to jump through to secure a conviction.
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