6 months to issue summons from date of offence?
6 months to issue summons from date of offence?
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Discussion

bogie

Original Poster:

16,855 posts

292 months

Saturday 21st June 2003
quotequote all
Is it true that the CPS must issue summons within 6 months of date of offence?

Im being threatened with a summons for a speeding offence that took place early Jan. Just had conditional offer through even though I never signed a single NIP or letter ! Im gonna ignore it - that gives 28 days so they will be going for a summons in late July for an 3pts/£60 offence that took place in Jan, with no signature - is this possible?

thanks

bogie

bogie

Original Poster:

16,855 posts

292 months

Sunday 22nd June 2003
quotequote all
Just done some research - seems a Fixed Penalty Notice must be issued within 6 months - this is what they have done even without a signature on the NIP...must be the last chance to get me to pay up before court...hopefully with the evidence they have i.e. flaky photo and a pile of unsigned NIPS the CPS wont pursue ....I guess I will have to wait it out for a few months

FastShow

388 posts

272 months

Sunday 22nd June 2003
quotequote all
Unfortunately, I've also been reading up on this and have found the following in the Road Traffic Offenders Act 1988 §6(1):

"Subject to subsection (2) below, summary proceedings for an offence to which this section applies may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge."

This looks like the 6 month clock starts from whenever the CPS decide they want it to. I'd be interested in any comments.

bogie

Original Poster:

16,855 posts

292 months

Sunday 22nd June 2003
quotequote all
Ahh - so now Ive got the FPN, if I ignore and it goes to CPS to prosecute it could be another 6 months before I find out whether Im off the hook then

gh0st

4,693 posts

278 months

Sunday 22nd June 2003
quotequote all
3 Cheers for Bogie for sticking this out



Hope it all goes well mate!

This so far does bring some interesting other options to light.

Example - You are a field service engineer who relies on your license. You have 9 points and you get another 3 by some fwitted tt in a Shafting Wker Partnership van.

You need time to find another job so you use this technique to buy you UP TO A YEAR or MORE to find another job not needing a driving license.

Just a thought.