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Posted: Sun Mar 05, 2006 11:19 am Post subject: Speed camera cases 'inadmissible
I do not know if this has been submitted before, if so I appoligise.
Speed camera cases 'inadmissible' Wednesday March 1, 02:16 AM
Nearly all speed camera prosecutions are based on inadmissible evidence and can therefore be thrown out, according to Motor Cycle News. Defendants are not given evidence on time and camera scheme organisers are breaching the 1967 Criminal Justice Act by not providing a photo or video evidence of an offence at least seven days before a trial, Motor Cycle News (MCN) said in its latest edition.
The publication's news editor, Tony Carter, said Motor Cycle News has
contacted the three biggest areas which run the speed camera partnerships.
Each one said evidence was not automatically submitted to defendants before trials, which meant, according to MCN, that each one has potentially been bringing prosecutions based on inadmissible evidence.
Mr Carter added: "All the partnerships said 'Evidence isn't automatically submitted'. The problem for most people accused of speeding is they won't realise that this fact of law, which our investigation has uncovered, can render the evidence inadmissible in court.
"Our investigation has shown that even some solicitors aren't aware of this point and the camera partnerships are hardly going to tell them or the general public about it.
"People need to be aware of their rights.
"Some camera partnerships are having it all their own way. They say a road user can't have the evidence but fail to tell them they are entitled to see it. They want to have their cake and eat it."
Top traffic lawyer Nick Freeman, who has successfully defended the likes of David Beckham, Ronnie O'Sullivan and Sir Alex Ferguson, said: "Most of the prosecuting authorities go to court without producing the photo, and so there's no admissible evidence as to what the speed is.
"And it's not just a case of serving the photograph. It's got to be submitted at least seven days before the trial." _________________ Make Traffic Wardens/attendants Redundant.
PARK LEGALY
Joined: Aug 15, 2005 Posts: 156 Location: Windsor, UK
Posted: Sun Mar 05, 2006 12:58 pm Post subject:
Hmmmm.
Three out of forty two is not very representative. Plus, most speed offences don't go to court - most are settled with either a Speed Awareness course (slightly over the limit) or by the offender accepting a Conditional Offer.
Those that do go to court fall into two categories - the "straight to Courts" where an offender was so far above the speed limit that a Conditional Offer does not apply, or those that are, for whatever reason, contested. These are a small minority.
Not disputing the general thrust of the article, just trying to put it into perspective. Wouldn't want to give false hope.... _________________ Garmin 2360LT
iPaq 2210 TTN5.2
Joined: Aug 21, 2005 Posts: 1761 Location: Kent, England
Posted: Sun Mar 05, 2006 7:00 pm Post subject:
You do not have to accept a "conditional offer". You can contest the case in court if you wish.
In fact I think (but am not sure) that you are entitled to see the evidence before you accept or reject a conditional offer _________________ Peter
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Joined: 11/07/2002 14:36:40 Posts: 23848 Location: Hampshire, UK
Posted: Sun Mar 05, 2006 7:29 pm Post subject:
peterc10 wrote:
You do not have to accept a "conditional offer". You can contest the case in court if you wish.
In fact I think (but am not sure) that you are entitled to see the evidence before you accept or reject a conditional offer
That is entirely true but the vast majority plead guilty and decline the opportunity to contest the evidence for fear of cost and risk of losing.
Were more of us to test the evidence in court then we would soon see the application of the law being tightened. I heard that only recently was it realised that temporary Gatso installations at road works etc were only legally enforceable if they were mains powered. Up until a few months ago you could find many examples of temporary sites powered by generators.
Take a look now, they're all powered from mains supplies but how many motorists were unlawfully convicted? _________________ Darren Griffin
Joined: Aug 15, 2005 Posts: 156 Location: Windsor, UK
Posted: Sun Mar 05, 2006 7:34 pm Post subject:
peterc10 - thanks for the interest.
Quote:
You do not have to accept a "conditional offer". You can contest the case in court if you wish.
Exactly so. Few people appear to do so. Perhaps it's the thought of the cost of defending the case, and the enhanced fine you receive if you lose.
Quote:
In fact I think (but am not sure) that you are entitled to see the evidence before you accept or reject a conditional offer
Yes, you're absolutely right. Different SCP's do it in different ways. Some send out the photo with the NIP. Others will do so on request. Some ask that you attend in person. Only one (Wiltshire, from memory) allows you to access the evidence from a website.
The point remains that the article refers to evidence being provided to a defendant in a court case, and few offences get that far. Just don't want to see hopes raised that this is a "magic bullet" against speeding fines, 'cos it ain't. _________________ Garmin 2360LT
iPaq 2210 TTN5.2
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