How long will I have to wait to be prosecuted?

[JohnL]

I received a "conditional offer of fixed penalty" a couple of months ago. It said I had to accept within 28 days or they may prosecute me.

I reckon they don't have more than half a leg to stand on as the speed limit signs are iffy to say the least. So I'm willing to take my chances in court with a Not Guilty as I'm p'ed off about it ... rant ...

Anyway ... the conditional offer didn't say what to do if I didn't want to accept it, so I ignored it.

So the question is, is there a time limit by which I have to receive a summons, or can I be kept in suspense indefinitely?
And, is there a minimum time between the summons and the court hearing? I'll have to do a bit of research if I'm going to court.

[DeMolay]

Upon failing to accept a fixed penalty, the police have the option of passing it to the CPS or the Fiscal if you are in Scotland, for their consideration on whether to prosecute or not.

The police must pass the information within 6 months of the alleged offence or it "times out". Since you were given a conditional offer, I assume that the driver's identity isn't an issue so it should be for speeding only.

You may hear nothing or you may get a summons. The main point is that the police have to pass the info to the CPS within 6 months so as they can start court proceedings.

[JohnL]

Thanks -
And if the police do pass the info to the Fiscal then do they have a time limit to get to me?

Ie, could the police pass the info after 5.5 months, then a year later the PF decides to do something about it, and that's the first I'll hear of it?

[jeffreyarcher]

AIUI, in Scotland, unlike in England, the first trial date[*] must be within the six months.
[*] This need not be the 'main event'; just the plea entering diet.

[JohnL]

jeffreyarcher said:

... the plea entering diet.

The what?

I've lost over a stone in the last couple of months

[DeMolay]

jeffreyarcher said:

AIUI, in Scotland, unlike in England, the first trial date[*] must be within the six months. [*] This need not be the 'main event'; just the plea entering diet.

I understand this to be the case. In Scotland you have a "pleading diet (date)" which should be within six months of the alleged offence. If this does not happen then a no case to answer scenario arises.

[JohnL]

Ah, thanks guys.

Oho, within 6 months of the alleged offence, rather than the expiry of the conditional offer? Their time's running out ...

[gh0st]

JohnL said:

jeffreyarcher said: ... the plea entering diet. The what? I've lost over a stone in the last couple of months

God are the government even issuing points to diet now

[M@H]

So in theory you could drag the process out with correspondence for six months, then turn round to the Camera Partnership and say.. sorry chaps you're too late..?

Cheers
Matt
(3 months into correspondence at least)

[JohnL]

Sounds like it doens't it!
This is bringing back some memories from long ago at school - in Scotland there's a time limit in general law for prosecutions to be brought, in England not ... I may be thinking of the time you can be held on remand

My correspondence probably took a good three months as well - if I'd realised I could probably have dragegd it out for a bit longer
Then allow 1 month for not accepting the conditional offer.
That must have expired at least 6 weeks ago.
I must go and check out the dates!

[DanL]

M@H said:

So in theory you could drag the process out with correspondence for six months, then turn round to the Camera Partnership and say.. sorry chaps you're too late..? Cheers Matt (3 months into correspondence at least)

Yes - my brother's mate's sister-in-law heard a bloke down the pub saying he'd got off in just such a manner.

Actually, I've a feeling it was someone on a motoring forum (not necessarily this one) who claimed to have dragged things out for so long that they were out of time to prosecute, and so got away with it, but as I can't remember the details and don't know the guy it may well be nonsense.

Worth a go though!

Dan

[M@H]

DanL said:

.... can't remember the details and don't know the guy it may well be nonsense. Worth a go though! Dan

Only worth a go if a legal eagle or on here gives me a nod that its true..

>> Edited by M@H on Friday 18th June 15:57

[DanL]

M@H said:

Only worth a go if a legal eagle or on here gives me a nod that its true..

What? Are you telling me you're not going to take the word of "bloke down the pub"?!

Dan