Speeding Summons?

Rover_Driver

ChumLee wrote: »

They may need to have evidence of an offence taking place to prove the 172 in court though.

Only an allegation of an offence - s.172(2), at that stage they are collecting evidence which may (or may not) help prove the offence.

ChumLee

Rover_Driver wrote: »

Only an allegation of an offence - s.172(2), at that stage they are collecting evidence which may (or may not) help prove the offence.

And without the gatso photo, where is the allegation of an offence under sections 25, 26 or 27 of the Road Traffic Offenders Act 1988?

They if challenged have to provide evidence of an alleged offence. For the offence of speeding other than the identity of the driver there is no additional evidence to collect.

Mercdriver

You have no right to see the evidence before pleading Not Guilty at court. Not all speed offences are backed up with photographic evidence, nor need they be. They can be backed up by the opinion of one policeman in England and Wales and 2 in Scotland.

Minrich

Mercdriver wrote: »

You have no right to see the evidence before pleading Not Guilty at court. Not all speed offences are backed up with photographic evidence, nor need they be. They can be backed up by the opinion of one policeman in England and Wales and 2 in Scotland.

Have you heard of disclosure ?

ChumLee

Mercdriver wrote: »

You have no right to see the evidence before pleading Not Guilty at court. Not all speed offences are backed up with photographic evidence, nor need they be. They can be backed up by the opinion of one policeman in England and Wales and 2 in Scotland.

One may suggest that in this case it is vital.

Minrich

Rover_Driver wrote: »

The police do not need to prove anything when serving a s.172 requirement.

The authority to serve a s.172 requirement is s.172(2) - where the driver of the vehicle is alleged to be guilty of an offence mentioned in s.172(1) - nothing to do with proving the offence.

You have no requirement to ask in the first place if you cannot prove the vehicle in question has been on a road . If the Police cannot prove the car has been driven on a road , the defendant does not have to tell them anything . The S172 requirement needs to have a reason behind it in order to ask , they cannot just send you the requirement .

ChumLee

Minrich wrote: »

You have no requirement to ask in the first place if you cannot prove the vehicle in question has been on a road .

You don't need to prove anything.

You simply need evidence of the alleged offence.

ChumLee

Minrich wrote: »

Have you heard of disclosure ?

You've heard of it but don't understand the rules governing it.

Mercdriver

Minrich wrote: »

Have you heard of disclosure ?

You only get disclosure ONCE you have pleaded not guilty and prior to the actual trial. The first date is simply the pleading hearing

Mercdriver

ChumLee wrote: »

One may suggest that in this case it is vital.

They don't need a photo to issue a s.127. They just need an allegation. Many are issued in the case of minor incidents in supermarket car parks for instance.