Speeding Relief?
Discussion
A friend mailed me today with the following info which I print in full - you P/H may find it interesting particularly if you've been Gatso'ed apols for its length:
From the Daily Post, filed 28th Feb 2003 by Elwyn Roberts
A N Wales driver was unaware last night he had escaped a motoring ban, after a legal loophole was discovered by a court clerk.
Police fear it could open the floodgates for 1000s of motorists across the UK, caught by speed cameras and laser guns, also escaping driving bans.
Last night N Wales police admitted that a change in the law is needed to plug the loophole.
It was discovered by a magistrates clerk dealing with speeding charges against Phillip Dennis, in his absence. Magistrates said that they had no option but to find the case against him unproved.
The loophole involves a form sent by police to the registered owner of the car caught on the speed cameras. The form asks who the driver was at the time. It is an offence not to fill in the form and name the driver - but significantly there is no requirement to sign it. However, for it to be used as evidence in court, the form has to be signed, otherwise a court cannot take notice of it.
Flintshire magistrates clerk realised that said form was filled in but not signed, and so could not be used asevidence. It was, a loophole in the law. Magistrates said they were not happy but had no option but to find Dennis not guilty.
Magistrates chairman suggested police should go back to defendants and ask them to sign he form. He was advised that as the law stood, the only requirement was to stipulate the name of the driver and there was no legal requirement to sign it even if police go back and request a signature.
One legal expert said later ' Yes, I can confirm that vehicle owners asked to confirm the name of the driver must complete the form but there is no legal requirement to sign it. On the other hand it is true that it cannot be admitted as evidence unless it is signed! This will need a change in the law. Some people simply pay the fixed penalty and that is the end of it. This only affects those people whose cases go to court and where the prosecution are asked to prove their case. If the form is not signed then they cannot do so. It would be unfair for the police to go back and ask people to sign the form without first cautioning them that the law does not require them to sign it.
A police source commented that the loophole had been known about for some time and there was concern that once it became known 'it would open the floodgates'. We have been keeping our heads down. The trouble is that people will now be sending their forms back unsigned.
Does this, has this, applied to anyone on here??
From the Daily Post, filed 28th Feb 2003 by Elwyn Roberts
A N Wales driver was unaware last night he had escaped a motoring ban, after a legal loophole was discovered by a court clerk.
Police fear it could open the floodgates for 1000s of motorists across the UK, caught by speed cameras and laser guns, also escaping driving bans.
Last night N Wales police admitted that a change in the law is needed to plug the loophole.
It was discovered by a magistrates clerk dealing with speeding charges against Phillip Dennis, in his absence. Magistrates said that they had no option but to find the case against him unproved.
The loophole involves a form sent by police to the registered owner of the car caught on the speed cameras. The form asks who the driver was at the time. It is an offence not to fill in the form and name the driver - but significantly there is no requirement to sign it. However, for it to be used as evidence in court, the form has to be signed, otherwise a court cannot take notice of it.
Flintshire magistrates clerk realised that said form was filled in but not signed, and so could not be used asevidence. It was, a loophole in the law. Magistrates said they were not happy but had no option but to find Dennis not guilty.
Magistrates chairman suggested police should go back to defendants and ask them to sign he form. He was advised that as the law stood, the only requirement was to stipulate the name of the driver and there was no legal requirement to sign it even if police go back and request a signature.
One legal expert said later ' Yes, I can confirm that vehicle owners asked to confirm the name of the driver must complete the form but there is no legal requirement to sign it. On the other hand it is true that it cannot be admitted as evidence unless it is signed! This will need a change in the law. Some people simply pay the fixed penalty and that is the end of it. This only affects those people whose cases go to court and where the prosecution are asked to prove their case. If the form is not signed then they cannot do so. It would be unfair for the police to go back and ask people to sign the form without first cautioning them that the law does not require them to sign it.
A police source commented that the loophole had been known about for some time and there was concern that once it became known 'it would open the floodgates'. We have been keeping our heads down. The trouble is that people will now be sending their forms back unsigned.
Does this, has this, applied to anyone on here??
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