advice (perverting course of justice)
Discussion
hello
i need some advice for a friend. he has three speeding incidents to which he has said it wasn't him. one on a motorway at over 100 and another two on the same day, over 35 on a 30 and over 95 on a 70. he has nominated two people that he knows can't be traced as they live abroad. he has been arrested for providing false evidence and for not providing proper details of the drivers at the time. he has to go to court soon. what should he do?
i need some advice for a friend. he has three speeding incidents to which he has said it wasn't him. one on a motorway at over 100 and another two on the same day, over 35 on a 30 and over 95 on a 70. he has nominated two people that he knows can't be traced as they live abroad. he has been arrested for providing false evidence and for not providing proper details of the drivers at the time. he has to go to court soon. what should he do?
yes he has a solicitor. he's tried to get hold of the people in question but no luck. he provided details of them but one is in another country and the other is no where to be seen as he was only staying at an address given by my friend. what should he do?
he's also been vindicated to falsifying the notifications sent, but the hand writing analysis proves inconclusive.
he's also been vindicated to falsifying the notifications sent, but the hand writing analysis proves inconclusive.
Before the actual Court date his Solicitor should be in receipt of the Prosecutions evidence under Disclosure of Evidence Rule, if applied.
If as you say,the grounds for his arrest involve giving false details, then Plod will have made enquiries along these lines to prove this. What specific charge has been made against him.?
Starting to look as if someone is going to get a good stuffing????
But seriously there is a whole load of ifs and buts in the account and one needs all the facts of the case to form a judgement. The Solicitor is in this position. We are not.
DVD
If as you say,the grounds for his arrest involve giving false details, then Plod will have made enquiries along these lines to prove this. What specific charge has been made against him.?
Starting to look as if someone is going to get a good stuffing????
But seriously there is a whole load of ifs and buts in the account and one needs all the facts of the case to form a judgement. The Solicitor is in this position. We are not.
DVD
yamai1 said:
yes he has a solicitor. he's tried to get hold of the people in question but no luck. he provided details of them but one is in another country and the other is no where to be seen as he was only staying at an address given by my friend. what should he do?
he's also been vindicated to falsifying the notifications sent, but the hand writing analysis proves inconclusive.
I think you're telling us porkies here, either he sent them or he didn't.
yamai1 said:
he didn't send them at all. what would happen if the prosecution cannot get hold of the people to question the offences?
As I said,
yamai1 said:
he has nominated two people that he knows can't be traced as they live abroad.
If you can't even get your lies straight here, I think you've had it in court.
yamai1 said:It's not his job to get hold of them - it's his job to provide the police with the names of the people who could have been driving at the time.
well, i meant that the two people that were driving the car at the time cannot be traced as he has tried to get hold of them.
Anyway, if what you say is true (he didn't send the info in 'cos he couldn't get hold of them), he'd have been charged with 'Failure to Supply', not 'Perverting the Course of Justice', which suggests he knowingly furnished false information.
I suspect there's more to this than you're telling - as shown by the way your story keeps changing.
Looks to me as though someone here has not got their facts straight. My understanding is that tghe registered keeper of the vehicle gets a NIP asking them to name the driver. They complete it and send it off. The scamera partnership then serve a NIP on the driver assumming it wasn't the registered keeper.
Therefore in order ot be done for perverting the course of justice one would have to lie on the form and complete the details incorrectly. Not only that but it would have to be done knowingly.
This is totally different to attempting to use loopholes by not signing the form etc.
The "friend" has nothing to fear if the people named were driving, but if they don't exist, or were named just because they are uncontactable then he is a lot of trouble.
My brother lives in the UAE, its possible that if he returned to the UK on Holiday he could borrow my ticket and get flashed. I could name him as the driver, but at least I and the scamera partnership can contact him to confirm he was driving!
Therefore in order ot be done for perverting the course of justice one would have to lie on the form and complete the details incorrectly. Not only that but it would have to be done knowingly.
This is totally different to attempting to use loopholes by not signing the form etc.
The "friend" has nothing to fear if the people named were driving, but if they don't exist, or were named just because they are uncontactable then he is a lot of trouble.
My brother lives in the UAE, its possible that if he returned to the UK on Holiday he could borrow my ticket and get flashed. I could name him as the driver, but at least I and the scamera partnership can contact him to confirm he was driving!
what would happen in both cases if he was to plead guilty and not guilty? i think he wants to plead guilty as he just doesnt want the hassel.what are the ramafecations for doing so? initially, he did say that he would forfit the fines and points onto his licence if the police were not able to trace the people that were driving.
You say your mate has "nominated" some people who live abroad so we can assume that he has made it all up? Presumably the Police must have some evidence that he is telling porkies (the photos perhaps?). I would suggest that he doesn't want to compound the situation by getting done for perjury as well.
Best advice, as stated above, is to get a solicitor.
Best advice, as stated above, is to get a solicitor.
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