6 months to prosecute??

[daveyctvr]

there are rumours flying around on various sections of this forum that the police only have 6 months to prosecute you on receipt of a NIP form, looking at the paperwork from my last court appearance date of offense 06/01/04 date of hearing (subsequent prosecution) 16/11/04 best part of 10 months there!! it was ajourned twice for 'pre-trial review' or whatever they call the daylight robbery so this 6 month rule must be a load of rubbish or have my human rights been violated again !! can anyone shine the light on this im confused !!

[bungle]

they have 6 months to lay the summons with the court (from the date of the offence). i bet yours was just within the 6 months, usually is.

[sotonS2]

Or 6 months and 28 days if its an S172 (non disclosure summons)

[Dwight VanDriver]

Information to be laid within six months of coming to to the notice of the prosecutor and not more than 3 years from date of offence.

Date information laid is shown the summons.

If done in time summons can be served later than 6 months.

DVD

[daveyctvr]

bungle said:

they have 6 months to lay the summons with the court (from the date of the offence). i bet yours was just within the 6 months, usually is.

interesting...on the NIP form i got it said that if i wanted my case to be heard by the courts then i must notify the police in writing once ive done this they obviously contact the courts to arrange a hearing if thats not within the 6 month deadline ur ok then? there must be a way of delying this procees like asking for photographs then calibration stuff etc i wrote several letters to the police is there any way i could find out when the police actually contacted the courts? if they left it longer than 6 months its on the phone to the solicitor i guess! im still waiting on the ECHR desision on this particular case with idris francis and others!!

[Dwight VanDriver]

Should they wish they could lay the information when they send out the first forms thereby taking as long as you wish to delay them on the matter and then issue the summons. IIRC They do not have to apply to Court to withdraw an Information but they do for a summons.

DVD

[telecat]

That reminds me, I'll have to get back to the PF in my case. They wanted to change the date of the main "diet" in my case as the concerned officers (both of em) are on holiday. The re-arranged dates are october for the Intermediate "diet" but the main trial is still on the original date in August!

[daveyctvr]

so what happens in the case if say....u wernt driving and gave the driver's name that was, then they said it wasnt them! this process took more than 6 months suppose youve complied with the law as youve gave the name and address within the 28 days, i presume they will come back and ask you for another name or something but then it will of been more than 6 months is this a new loop hole or am i just dreaming? any ideas?

[Dwight VanDriver]

I think that is a no no.

Firstly the NOIP served on Reg keeper in time then they can play about finding the driver up to 3 years.

If they get a signed 172 with drivers detail they will clap their hands and go for that person. Up to him to plead NG and fight at Court.

If any giggery pokery come to light then they may also consider attempting to pervert the course of justice/obstruct police.

Young man you have an over fertile brain....

DVD

[daveyctvr]

oh well just a thought think i may raise a few eyebrows with the next posting !!