Speeding Summons?

facade

Good advice, or perhaps, 2 months and 200 posts after we originally suggested, it is finally time to post this on the peppipoo forums, where there are experienced people who will try to help rather than argue with each other.

ChumLee

facade wrote: »

Good advice, or perhaps, 2 months and 200 posts after we originally suggested, it is finally time to post this on the peppipoo forums, where there are experienced people who will try to help rather than argue with each other.

There is only one flaw with that forum and it is a certain mod, who is out of date with police procedure and will not accept otherwise. Time for proper legal advice and not a forum.

Mercdriver

ChumLee wrote: »

There is only one flaw with that forum and it is a certain mod, who is out of date with police procedure and will not accept otherwise. Time for proper legal advice and not a forum.

Yet he is backed up by more than one specialist motoring lawyer.

Mercdriver

ChumLee wrote: »

Correct and the same rules for pre interview disclosure. Which I gues you don't know much about?

Since we have an adversarial legal system, the prosecution isn't going to give the defence the tools to win. The police will tell the suspect the grounds for the allegation, they are under no obligation to turn over all of the evidence, before pleading.

ChumLee

Mercdriver wrote: »

Since we have an adversarial legal system, the prosecution isn't going to give the defence the tools to win. The police will tell the suspect the grounds for the allegation, they are under no obligation to turn over all of the evidence, before pleading.

Not all but the must comply with PACE and if the suspect is represented it states.

Inform the person of the nature of the suspected offence:
o For example, a broad but to the point summary of the evidence and the number and
identities of those involved along with the place and time where the alleged offence
was committed.
o You must avoid vague or technical language.
 Include in the grounds for arrest an explanation of the conditions which made the arrest necessary, if the arrest is made under the general conditions of section 25 of PACE.
 Include a summary of the evidence against the suspect:
o Set out the specific issues you wish to address, and tell them you will not
necessarily restrict the questions to those areas.
o Inform the legal representative their client has previous convictions or bad character
if appropriate.
 Provide, when applicable, copies of any evidence:
o you wish the suspect to consider, and
o which you wish to question them on.
 Make sure pre interview disclosure is enough for the purposes but not too lengthy or
detailed because of the:
o constraints of the custody clock, and
o need to interview.

Minrich

ChumLee wrote: »

They only have to disclose the reason why the suspect is being interviewed and nothing that would undermine the case.

Incorrect - You'll have to read up a bit more

Minrich

Mercdriver wrote: »

They won't tell you what they have at any point before the defendent has made their plea. Otherwise all sorts of gangsters would be able to get themselves out of convictions from information disclosed too early.

What many people forget is that motoring offences are criminal offences, just that the majority are non recordable. They are subject to the same disclosure rules as a robbery case.

Incorrect also .... More reading for you re disclosure . Motoring offences are not Crimes , they are breaches of laws but Not Crimes (Well some are - Drink Driving)

Minrich

facade wrote: »

Good advice, or perhaps, 2 months and 200 posts after we originally suggested, it is finally time to post this on the peppipoo forums, where there are experienced people who will try to help rather than argue with each other.

And whom on here is not experienced ? I consider myself very experienced in these matters , But then nobody has asked about it yet

ChumLee

Minrich wrote: »

Incorrect also .... More reading for you re disclosure . Motoring offences are not Crimes , they are breaches of laws but Not Crimes (Well some are - Drink Driving)

Excess speed
No licence
Disqualified driving
Etc are all criminal offences ie crime but not recordable ones.

ChumLee

Minrich wrote: »

Incorrect - You'll have to read up a bit more

Please, do show me where you have to disclose something that will undermine your case pre interview.