police witness statement
Discussion
Just received my summons for speeding on the motorway,the statement of the facts written by the officer who stopped me has two conflicting times,the time he first saw me committing the offence was 10.05am and the time he cautioned me for the offence is 09.55am,obviously he cant caution me before he has actually spotted me on the road,can i have this thrown out of court on a technicality,any one in here know if this will work.cheers
The magistrate will probably allow it to still be submitted as evidence and just amend the details, the police officer may have to back up the exact times using his pocket note book and submit a copy of the pages.
Surprised it managed to get past the file checking unit when he submitted his file to be honest, even so the cps dont seem worried about it or it would have been returned to the officer.
Gareth
Surprised it managed to get past the file checking unit when he submitted his file to be honest, even so the cps dont seem worried about it or it would have been returned to the officer.
Gareth
Streetcop said:
Type/written errors are permissable by the prosecution...
Street
what happens when it is more serious than speeding then? can you go inside because of an error? is this a good thing? do we want a Police state where mistakes are simply "corrected" for convenience? something not right here lads.
H
Where there is an error substantial enough to require amendment in a summons, it is THE COURT that has the power to allow an amendment. The defence may be allowed an adjournment where is has been placed at a disadvantage by the amendment.
Trivial matters, where the defendant was always aware of the true basis of the information a conviction will be upheld even on an unamended information.
Remember too that the Statement of Facts will only be read out to the Court on a Guilty Plea. In a Not Guilty, the PC will give evidence on oath, if called, when the matter will either be corrected or queried by the defence.
DVD
>> Edited by Dwight VanDriver on Sunday 18th July 21:51
Where there is an error substantial enough to require amendment in a summons, it is THE COURT that has the power to allow an amendment. The defence may be allowed an adjournment where is has been placed at a disadvantage by the amendment.
Trivial matters, where the defendant was always aware of the true basis of the information a conviction will be upheld even on an unamended information.
Remember too that the Statement of Facts will only be read out to the Court on a Guilty Plea. In a Not Guilty, the PC will give evidence on oath, if called, when the matter will either be corrected or queried by the defence.
DVD
>> Edited by Dwight VanDriver on Sunday 18th July 21:51
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