Speeding ticket, calibration certificate

SHAFT

TooManyPoints wrote: »

Yes it would be admissible. It would be for the court to decide how much weight to give it.

It's for the court to decide if the evidence is admissible before any gravity is decided.

TooManyPoints

It's for the court to decide if the evidence is admissible before any gravity is decided.

In a Magistrates' Court the evidence is not disclosed to the court before the trial (as it is in the Crown Court where the judge will go through the evidence beforehand). The Bench will only rule on the admissibility of evidence if there is a challenge to any of it. It would be up to the defendant to raise such a challenge and it is my view that it would be unsuccessful. There is no reason to rule it out and the Bench will (or should) be advised by their Legal Advisor that a device with an expired calibration certificate is not necessarily unreliable and they should consider the evidence provided by it.

If there's a window without a calibration certificate CPS will drop all pending cases.

I don't believe there is any reason for them to do so in the blanket fashion you suggest. Where there is a reasonable prospect of a conviction they have a duty to run the case. There is a reasonable prospect of a conviction because as I repeatedly say, an expired calibration certificate by itself does not render a device unreliable.

You have already said that you would not advise someone to rely on a discontinuation on that basis so we have some concurrence even if we differ on some details. I think between us we have given him sufficient to help him make up his mind so the OP's husband must decide for himself what to do. I know what I would do.

SHAFT

TooManyPoints wrote: »

In a Magistrates' Court the evidence is not disclosed to the court before the trial (as it is in the Crown Court where the judge will go through the evidence beforehand). The Bench will only rule on the admissibility of evidence if there is a challenge to any of it. It would be up to the defendant to raise such a challenge and it is my view that it would be unsuccessful. There is no reason to rule it out and the Bench will (or should) be advised by their Legal Advisor that a device with an expired calibration certificate is not necessarily unreliable and they should consider the evidence provided by it.



I don't believe there is any reason for them to do so in the blanket fashion you suggest. Where there is a reasonable prospect of a conviction they have a duty to run the case. There is a reasonable prospect of a conviction because as I repeatedly say, an expired calibration certificate by itself does not render a device unreliable.

You have already said that you would not advise someone to rely on a discontinuation on that basis so we have some concurrence even if we differ on some details. I think between us we have given him sufficient to help him make up his mind so the OP's husband must decide for himself what to do. I know what I would do.

You dont believe it so it won't happen. I've seen them do it so I must be making it up.