Is there any burden of proof on the police?

Sessie

Sorry maninthestreet missed you!

No, his work van is not but our home vehicle is. We've had this for four years and I have NEVER heard it go off when he is in the car.

x

Lum

Sessie wrote: »

Again I want to stress we are NOT anti-police

By the end of this experience, I suspect you may change your position on this. :mad:

Do you get points for no seatbelt? Do you have to declare your conviction to your insurance company for the next 5 years? Does it count as having a criminal record?

I'm honestly not sure for seatbelt offences (I know more about speed/red offences) but this is something you should look into when working out the cost/benefit of paying up vs going to court.

kizkiz

A seatbelt fine has no points, no criminal record and nobody has to know.
Only your husband knows the circumstances, but everybody makes mistakes, which is why you have the option of going to court.
As others have said though, make sure you present some sort of evidence, don't just say you didn't do it.
Photos of the area where the van was, the policeman was, the van etc. Then put down a logical argument for why the policeman could not have had a clear view.

missile

Sessie wrote: »

.... I'm really furious about this. I was always a Police defender in some pretty strong arguments with others in the past but now... I'm not so sure...

Most people are until they have a bad experience. I know quite a few police officers and solicitors. All of them have stories tell which destroyed any faith I had in "British Justice".

http://www.dailymail.co.uk/news/article-1359673/British-justice-Simon-Cremer-forced-pay-theiving-employee-Mark-Gilbert-5k.html

aliasojo

missile wrote: »

I know quite a few police officers and solicitors. All of them have stories tell which destroyed any faith I had in "British Justice".

I agree. I come from a Police background and one family member in particular couldn't stomach some of the things he saw his colleagues doing but as ever, it's not tolerated to go against the grain so he ended up leaving and changing career.

The force is nowhere near the respected body it once was.

moonrakerz

missile wrote: »

Most people are until they have a bad experience.

I did - until my son was arrested, on a ludicrous charge. He appeared in Court twice, then the case was dropped.
I seriously considered making a formal complaint - I was advised by a Solicitor that this would be "counter-productive" !!


As they say - I wouldn't p*** on a policeman if he was on fire..............

bap98189

missile wrote: »

Most people are until they have a bad experience. I know quite a few police officers and solicitors. All of them have stories tell which destroyed any faith I had in "British Justice".

http://www.dailymail.co.uk/news/article-1359673/British-justice-Simon-Cremer-forced-pay-theiving-employee-Mark-Gilbert-5k.html

I think it was quite right that the employer was prosecuted in that case.

OK he caught an employee stealing - that's indefensible but he should then have phoned the police and they would have dealt with it. Instead he assaulted him, tied him to a chair and threatened him, before marching him down the street with his hands tied. None of that is acceptable behaviour and he was quite rightly prosecuted IMHO.

AnythingButChardonnay

bap98189 wrote: »

I think it was quite right that the employer was prosecuted in that case.

OK he caught an employee stealing - that's indefensible but he should then have phoned the police and they would have dealt with it. Instead he assaulted him, tied him to a chair and threatened him, before marching him down the street with his hands tied. None of that is acceptable behaviour and he was quite rightly prosecuted IMHO.

Of course. Two wrongs don't make a right, and that was completely unacceptable and deserving of punishment.

However, that he felt he needed to go to that extreme demonstrates just how little faith people have in our justice system anymore. It was unlikely the thieving employee was going to get much more than a slap on the wrist.

"Justice" nowadays is going after people like the OP's husband with fixed penalties, which requires minimal paperwork, and not after the burglars/drug dealers/vandals which requires lots.

missile

Sessie wrote: »

Thank you for all of your replies.

The problem with going to Court is :

(1) It's a day off work for my husband which he would have to explain to his bosses (doesn't look good does it, even though we're sure they will believe him, to have a day off "to go to Court"?)
(2) That would be a day's lost pay, thus upping the cost of this whole thing
(3) The risk of further costs if the Judge decides against him.

It's looking increasingly likely we're going to have to pay up here.

I'm really furious about this. I was always a Police defender in some pretty strong arguments with others in the past but now... I'm not so sure...



x

If hubby does decide to go to court, please note his case is unlikely to be heard first time and he may end up losing more days pay.

Lum

AnythingButChardonnay wrote: »

"Justice" nowadays is going after people like the OP's husband with fixed penalties, which requires minimal paperwork, and not after the burglars/drug dealers/vandals which requires lots.

The way the stats are reported it's all about reporting the number of offences detected and prosecutions made.

Successfully prosecuting someone for a murder counts the same as ticketing someone for doing 80 on the motorway at 2AM in the middle of summer.