5 months and 30 days after speeding

[Red Devil]

kestral said:

Sebba said:

Hi all - would also be interested in this? I also got caught doing a similar offence - got the NIP within the 2 weeks, which I promptly replied to but have not heard anything since.....it is now approaching 6 months since the offence so am wondering whether I need to be doing anything? Is the 6 month span not a hard deadline and there is some leeway in terms of sending you a court summons post this period?

The first case is Atkinson v DPP which was under the old rule where by the procecutor/police had to lay (give the facts of the case) before a Magistrates court. You will see that the defendant wins his case because the dates are out of time.

In the second case Brown v DPP wich is under the new rule where the procecutor/police issue the charge supposedly withn six months the defendant loses the case.

The six month rule applies in law for both systems but the lates prosecutor/police issuing system is open to far more abuse than the previous system. I am am not convinced that something has been 'issued' when it has been written out by the prosecutor/police and sits on a desk for over a month!

Atkinson(old system) https://www.bailii.org/ew/cases/EWHC/Admin/2004/14...


Brown (new system) https://www.bailii.org/ew/cases/EWHC/Admin/2019/79...

The point in bold above was mentioned in Brown.

Paragraph 22 said:

It should be noted that, if following issue in time, there is an inordinate or unwarranted or unjustified but significant delay before such a written charge is served, that should not and cannot go without remedy. The remedy is abuse of process. It would be wise for prosecutors, as a matter of practice, to ensure in every case that both the issue and service of Single Justice Procedure Notices are completed before six months from the relevant offences, so as to put paid to any suggestion of such unwarranted delay.

A1VDY said:

agtlaw said:

HarmeetJohal1 said:

So we got our fine today...
Bearing in mind my wife works part time
£440 + costs and surcharges total = £569 plus 6

Doesn't that seem excessive? I'm not sure how she is going to pay that..

Without knowing her net weekly income, nobody here can tell you if £440 is excessive.

For an early guilty plea (to 50/30), the most likely fine is N x ? and the sentencing range is N x ½ to N x ? where N is her declared net weekly income.

£440 is excessive whatever someone's weekly income.

I doubt it would even register on Mr Beckham's consciousness...