Dorset SCameras Flaw
Discussion
[quote=daily echo]
THOUSANDS of motorists could have their speeding fines quashed after a Bournemouth solicitor persuaded magistrates to throw his summons out of court.
The lawyer pointed out a flaw in police paperwork after being issued a fine for driving at 38mph in a 30mph zone.
Details were released after the case by a fellow solicitor, David McCreath, who attended the hearing.
Mr Creath said: "Following legal submissions that proceedings could not be brought on the grounds that the standard police notice was defective, the court agreed that it was not up to scratch and told the police to improve their practice.
"Since then the district judge has dismissed other similar cases and the Crown Prosecution Services are now apparently applying to the divisional court for a review to clarify the position."
Mr McCreath warned that the Bournemouth case could have "important consequences and considerable ramifications."
He added: "Standard Dorset police notices have been used since the 1991 Road Traffic Act. It may mean prosecutions have been wrongfully commenced and fines and points wrongfully imposed against Dorset motorists for a number of years.
"Recently, in similar cases, organisations operating speed cameras have had to repay motorists and reinstate their licences where the paperwork has been irregular.
"The potential cost to the Dorset Safety Camera Partnership is pretty staggering. Everyone who receives a speeding notice should check the paperwork very carefully as it could also be void.
"The solicitor involved wants to remain anonymous because he fears for his licence."
The solicitor argued the police paperwork was flawed because, although it gave the offender 28 days to pay a £60 fixed penalty, it did not spell out that proceedings were being suspended in the meantime. Legislation says no proceedings can be taken until after proceedings have been suspended for 28 days, so the case was dismissed.
A Dorset Safety Camera Partnership spokeswoman said: "We cannot comment until we have carried out an investigation into this particular case."
John Revell, Chief Crown Prosecutor for the Dorset Crown Prosecution Service, said: "The forms used when a speed camera is activated incorporate a number of different legal issues. Following the ruling in this case we and the Dorset Safety Camera Partnership have carefully examined the wording.
"We consider the relevant parts of the forms comply with the legislation and that there is nothing wrong with the convictions obtained. Any appeals on the ground that the forms used are defective will be opposed."
o The Arrive Alive organisation, which operates speed cameras in North Wales, has been ordered to pay motorists more than £68,000 in fines after signs at roadworks on the A483 near Wrexham were placed at the wrong spot.
First published: June 17 [/quote]
THOUSANDS of motorists could have their speeding fines quashed after a Bournemouth solicitor persuaded magistrates to throw his summons out of court.
The lawyer pointed out a flaw in police paperwork after being issued a fine for driving at 38mph in a 30mph zone.
Details were released after the case by a fellow solicitor, David McCreath, who attended the hearing.
Mr Creath said: "Following legal submissions that proceedings could not be brought on the grounds that the standard police notice was defective, the court agreed that it was not up to scratch and told the police to improve their practice.
"Since then the district judge has dismissed other similar cases and the Crown Prosecution Services are now apparently applying to the divisional court for a review to clarify the position."
Mr McCreath warned that the Bournemouth case could have "important consequences and considerable ramifications."
He added: "Standard Dorset police notices have been used since the 1991 Road Traffic Act. It may mean prosecutions have been wrongfully commenced and fines and points wrongfully imposed against Dorset motorists for a number of years.
"Recently, in similar cases, organisations operating speed cameras have had to repay motorists and reinstate their licences where the paperwork has been irregular.
"The potential cost to the Dorset Safety Camera Partnership is pretty staggering. Everyone who receives a speeding notice should check the paperwork very carefully as it could also be void.
"The solicitor involved wants to remain anonymous because he fears for his licence."
The solicitor argued the police paperwork was flawed because, although it gave the offender 28 days to pay a £60 fixed penalty, it did not spell out that proceedings were being suspended in the meantime. Legislation says no proceedings can be taken until after proceedings have been suspended for 28 days, so the case was dismissed.
A Dorset Safety Camera Partnership spokeswoman said: "We cannot comment until we have carried out an investigation into this particular case."
John Revell, Chief Crown Prosecutor for the Dorset Crown Prosecution Service, said: "The forms used when a speed camera is activated incorporate a number of different legal issues. Following the ruling in this case we and the Dorset Safety Camera Partnership have carefully examined the wording.
"We consider the relevant parts of the forms comply with the legislation and that there is nothing wrong with the convictions obtained. Any appeals on the ground that the forms used are defective will be opposed."
o The Arrive Alive organisation, which operates speed cameras in North Wales, has been ordered to pay motorists more than £68,000 in fines after signs at roadworks on the A483 near Wrexham were placed at the wrong spot.
First published: June 17 [/quote]
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