Summons with WRONG police witness statement!
Discussion
I have just received a summons for one charge of speeding (85 in a 70),(dry, empty DC) and one charge of not disclosing driver details. The s172 was due to 5 months of letters about an error on the NIP. (Wrong direction of travel on DC) I have been sent the photos and it is possible to ID me.
Anyway to cut a long story short, the papers have been filed with the court and sent to me. What is interesting is that when I turn to the officers witness statement he talks about how he set up his camera 5 days after the alleged offence some 56 miles away.
What seems to have happened here is that the people in the ticket office (not all that bright) appear to have got in a bit of a muddle with my file and filed the officers statement from another camera!!! (which incidentally I was snapped by the following week and have coffed up for ). These are the only 3 points I have.
The summons says that the officers witness statement will be read out in court and he will not be there unless I request him to be. (I don't think so!)
The papers were filed with the court 5 months and 26 days after the alleged offence.
I intend to plead not guilty, so I believe a new court date will be set. What I would like to know, if anybody can help please is:
1) Basically what is likely to happen here?
2) Is anybody likely to look at my file before the hearing and notice that they don't have a witness statement ?, if not I guess this would be thrown out! Could be quite amusing!
3) Does the witness statement they want to use have to be sent to me with the original summons? if not, can they submit a new witness statement if the summons has already been issued? and could it be submitted after the 6 month submission deadline? or would a new summons have to be issued?, (in which case I believe they would be too late since the alleged offence was more than 6 months ago.)
4) Should I point this out to them and hope they drop it?, or would that spoil my chances of getting off this?
Any thoughts/advice much appreciated
Cheers
Anyway to cut a long story short, the papers have been filed with the court and sent to me. What is interesting is that when I turn to the officers witness statement he talks about how he set up his camera 5 days after the alleged offence some 56 miles away.
What seems to have happened here is that the people in the ticket office (not all that bright) appear to have got in a bit of a muddle with my file and filed the officers statement from another camera!!! (which incidentally I was snapped by the following week and have coffed up for ). These are the only 3 points I have.
The summons says that the officers witness statement will be read out in court and he will not be there unless I request him to be. (I don't think so!)
The papers were filed with the court 5 months and 26 days after the alleged offence.
I intend to plead not guilty, so I believe a new court date will be set. What I would like to know, if anybody can help please is:
1) Basically what is likely to happen here?
2) Is anybody likely to look at my file before the hearing and notice that they don't have a witness statement ?, if not I guess this would be thrown out! Could be quite amusing!
3) Does the witness statement they want to use have to be sent to me with the original summons? if not, can they submit a new witness statement if the summons has already been issued? and could it be submitted after the 6 month submission deadline? or would a new summons have to be issued?, (in which case I believe they would be too late since the alleged offence was more than 6 months ago.)
4) Should I point this out to them and hope they drop it?, or would that spoil my chances of getting off this?
Any thoughts/advice much appreciated
Cheers
The likely hood of the CPS solicitor seeing the papers before 9 am on the day of your trial is slim.
They can NOT surprise you with new information on the day.
You need to be able to cross examine the Police Witness and say "In your statement you say you calibtrated this kit on this date" YES "Thank you no further questions"
I guess that you are looking for the magistrate to say "We have no evidence that the camera has been calibrated before the offence, so I can not accept that evidence ! Next Case !"
They can NOT surprise you with new information on the day.
You need to be able to cross examine the Police Witness and say "In your statement you say you calibtrated this kit on this date" YES "Thank you no further questions"
I guess that you are looking for the magistrate to say "We have no evidence that the camera has been calibrated before the offence, so I can not accept that evidence ! Next Case !"
I would presume if CPS Prosecuting Solicitor hasn't spotted the mistake he will present evidence which does not relate to the defendant giving an ideal opportunity for a "no case to answer" submission to be made and if accepted by the Bench the case thrown out.
OR
if he does spot the mistake he will ask for an adjournment to another date to get his papers in order.
If there is check by Prosecutions Depart days before Court case, new set of papers may well be sent. Case then proceeds.
DVD
OR
if he does spot the mistake he will ask for an adjournment to another date to get his papers in order.
If there is check by Prosecutions Depart days before Court case, new set of papers may well be sent. Case then proceeds.
DVD
Am I right in thinking that if the CPS ask for an adjournment because they've screwed up with their paperwork, the defendant can object to the adjournment as he/she has taken time off work to appear and if the CPS are so incompetent as to turn up with the incorrect paperwork, then the case should be dismissed?
If the Bib / CPS have cocked up, then put that to the magistrate. As it was over 5 months ago, i doubt that the PC would be able to accurately remember what happened with that particular stop (Cause your notes have to be made when they were "fresh in your mind") Personally i wouldn't remember a thing after 5 months!
If they've just out the wrong statement with the papers, then it'll probably still go ahead, but you can try, and a good brief might help
If they've just out the wrong statement with the papers, then it'll probably still go ahead, but you can try, and a good brief might help
Firstly, thanks to all of you for your helpful comments.
Went to court on Monday and my solicitor didn't think I had much to go on with the driving in the other direction to what the NIP stated (which I was) and the wrong police witness statement. Reckoned that they were all just admin errors that wouldn't do me any favours. Negotiated with the procescution to drop the s172 if I pleaded guilty, (which was caused by their continued cock ups anyway!)
Another 3 points and £60 for a highly dangerous 85mph on an empty dry DC. Prosecution applied for £35 costs which was suprisingly rejected! (Up yours plod!) Could have been worse I guess.
I would have gone out of my way to help the police in the past, like most other law obiding citizens who are after all the eyes and ears of the police force. They are just alienating everybody. Scumbags!
Went to court on Monday and my solicitor didn't think I had much to go on with the driving in the other direction to what the NIP stated (which I was) and the wrong police witness statement. Reckoned that they were all just admin errors that wouldn't do me any favours. Negotiated with the procescution to drop the s172 if I pleaded guilty, (which was caused by their continued cock ups anyway!)
Another 3 points and £60 for a highly dangerous 85mph on an empty dry DC. Prosecution applied for £35 costs which was suprisingly rejected! (Up yours plod!) Could have been worse I guess.
I would have gone out of my way to help the police in the past, like most other law obiding citizens who are after all the eyes and ears of the police force. They are just alienating everybody. Scumbags!
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