Speeding Summons?

Dr._Shoe

Motoring offences are defined as crimes under law but they are dealt with under the Road Traffic Act (I don't remember which one!- I think its 1984). Any offence which carries a penalty of any sort is a crime. This is why a so called penalty charge notice for delinquent parking on private land is classed as an invoice.

If you're fined it is because you committted a criminal offence, if you are sanctioned by a court (other than a county court) then it is because you committed a crime. A "Breach Of The Peace" is a crime. If you find yourself being bound over to keep the peace, getting an ASBO, doing community service or paying a fine it is because you committed a crime. It might not be robbery or murder or rape and would be dealt with in different ways but they are still crimes nevertheless.

Dr._Shoe

Mercdriver wrote: »

M'lady, at least, we aren't cursing!

Yes I know, you guys are perfect gents! :A

ChumLee

Dr._Shoe wrote: »

Motoring offences are defined as crimes under law but they are dealt with under the Road Traffic Act (I don't remember which one!- I think its 1984). Any offence which carries a penalty of any sort is a crime. This is why a so called penalty charge notice for delinquent parking on private land is classed as an invoice.

If you're fined it is because you committted a criminal offence, if you are sanctioned by a court (other than a county court) then it is because you committed a crime. A "Breach Of The Peace" is a crime. If you find yourself being bound over to keep the peace, getting an ASBO, doing community service or paying a fine it is because you committed a crime. It might not be robbery or murder or rape and would be dealt with in different ways but they are still crimes nevertheless.

You're nearly right but parking has been de criminalised. So is no longer a crime.

Dr._Shoe

ChumLee wrote: »

You're nearly right but parking has been de criminalised. So is no longer a crime.

I know. This is why the "parking attendants" are run by the council and you won't end up in front of a magistrate for non-payment though you'd end up with bailiffs on your back.

Bigphil1474

A 'crime' is something which is punishable by law - not just police enforced - also includes Elf and safety at work (you could end up in prison for up to 2 years), food safety, noisy neighbours, littering, smoking etc. although the last 2 are usually dealt by way of fixed penalty notice. I was always told that a statement of a witness is 'evidence', but an allegation of a crime or criminal offence is just an allegation, not evidence of anything.
Been following this thread and it is getting a bit off topic - any update on the situation Dr Shoe?

Minrich

Bigphil1474 wrote: »

A 'crime' is something which is punishable by law - not just police enforced - also includes Elf and safety at work (you could end up in prison for up to 2 years), food safety, noisy neighbours, littering, smoking etc. although the last 2 are usually dealt by way of fixed penalty notice. I was always told that a statement of a witness is 'evidence', but an allegation of a crime or criminal offence is just an allegation, not evidence of anything.
Been following this thread and it is getting a bit off topic - any update on the situation Dr Shoe?

So what is a statement of a witness that alleges a crime then !

Dr._Shoe

Bigphil1474 wrote: »

Been following this thread and it is getting a bit off topic - any update on the situation Dr Shoe?

Not yet.

The man I spoke to at the CAB seems to think that I would have heard something by now. The offence was in March (7th) and altough they have 6 months in which to "Lay Information" he reckons that it never takes more than two or three.

Johnmcl7

Dr._Shoe wrote: »

Not yet.

The man I spoke to at the CAB seems to think that I would have heard something by now. The offence was in March (7th) and altough they have 6 months in which to "Lay Information" he reckons that it never takes more than two or three.

The CAB is not a good place to go for motoring legal advice, the information they've given is incorrect - it's not unusual for them to lay information just before the six month mark leading to a summons around the seven or eight month mark. Also a S172 offence occurs a month after the offence the information was requested therefore they would have seven months from the initial speeding offence to lay information for a S172 offence.

If you want correct legal advice, then either find a good local motoring solicitor or as recommended several times, go here:

http://forums.pepipoo.com/

John

Bigphil1474

Minrich wrote: »

So what is a statement of a witness that alleges a crime then !

A witness statement is their view of what happened whether a crime occurred or not . Witness statements are gathered when an offence has or is alleged to have taken place. Someone seeing somebody being stabbed to death has obviously witnessed a crime, but another person may have just seen something that is relevant to the crime without actually seeing a crime e.g. I saw him driving erratically down the road towards the junction, then he went out of sight. A statement should only contain factual information anyway. In the first case, the witness would say I saw him pull out a knife and stab the other person - it wouldn't say I saw him commit murder or manslaughter.

ChumLee

Bigphil1474 wrote: »

A witness statement is their view of what happened whether a crime occurred or not . Witness statements are gathered when an offence has or is alleged to have taken place. Someone seeing somebody being stabbed to death has obviously witnessed a crime, but another person may have just seen something that is relevant to the crime without actually seeing a crime e.g. I saw him driving erratically down the road towards the junction, then he went out of sight. A statement should only contain factual information anyway. In the first case, the witness would say I saw him pull out a knife and stab the other person - it wouldn't say I saw him commit murder or manslaughter.

It should do if that's what the witness said.