Notice of intended prosecution

[motorbiking]

Note for next time. Don't contact the police for an update. They are perfectly capable of missing deadlines without helpful reminders.

 

[ellal]

Note for next time. Don't contact the police for an update. They are perfectly capable of missing deadlines without helpful reminders.

Funny you should say that...

My partner got a camera speeding ticket about 9 months ago.
Did an online speed awareness course as it was only a minor infringement and has the documentation to prove it.

A few days ago she got a notice of intended prosecution, so now has to go through the court system.

A total of 11 hours on hold over two days so far and still can't get through to explain their incompetence!
Emails not answered as well.

Bloody useless system!

 

[motorbiking]

Check the date of the offence and the date of the NIP. Is there any chance this was a subsequent offence?
Sec 127 of the Magistrates’ Courts Act 1980 should apply.

Magistrates’ Courts Act 1980

An Act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates’ courts and the functions of justices’ clerks, and to matters connected therewith, with amendments to give effect to recommendations of the Law Commission.

www.legislation.gov.uk

Is it possible she was flagged as a no show on the course?

Nothing stops plod from taking a speeding ticket to court despite speed awareness. Other than the above.

If this is as you say then it shouldn't get as far as summons.

Try to avoid sending emails. These are not protected and can be self incriminating.

 

[blup]

Good news. If I'm not mistaken, more than a few posters owe you an apology. You might even have a case for defamation, plenty of evidence.

I'd say he's done well not to be jointly charged, but definitely karma for the other guy.

Blup

 

[motorbiking]

They normally offer both a driver improvement course £££

 

[ellal]

Check the date of the offence and the date of the NIP. Is there any chance this was a subsequent offence?
Sec 127 of the Magistrates’ Courts Act 1980 should apply.


Is it possible she was flagged as a no show on the course?

Nothing stops plod from taking a speeding ticket to court despite speed awareness. Other than the above.

If this is as you say then it shouldn't get as far as summons.

Try to avoid sending emails. These are not protected and can be self incriminating.

Nope, no other offence. And you get an email confirmation that the course was attended as booked and completed.

This came out of the blue and was dated for the speeding offence that the online course was attended for.

The problem now is as it is with the courts, getting hold of them seems nigh on impossible!

 

[JonathanM]

Sec 127 of the Magistrates’ Courts Act 1980 should apply.

What does the following mean, in layman's terms. What actually needs to be done within the six months.

a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose

 

[motorbiking]

@ellal So you've had a court summons? If so contact the clerk of the court and ask when the information was laid on the court. There has been a recent possible precedent set which allows the information to be laid by the CPS and not served on the court. In this case you would argue an abuse of process and ask for the prosecution to be stayed, particularly given the offender attended detention at naughty drivers school.

@JonathanM it used to be very strict according to the above, but it seems the CPS have managed to proceed out of time recently - I cannot find if this was court of appeal or dodgy magistrates. I'm curious now and will keep looking.

Laying of information = CPS send it to the clerk of the court for listing.

 

[ellal]

@ellal So you've had a court summons? If so contact the clerk of the court and ask when the information was laid on the court. There has been a recent possible precedent set which allows the information to be laid by the CPS and not served on the court. In this case you would argue an abuse of process and ask for the prosecution to be stayed, particularly given the offender attended detention at naughty drivers school.

Not me, but my partner...

And as mentioned trying to contact said court officials is nigh on impossible!

 

[motorbiking]

You've got this on your side..

From the CPS code..

In Hamza [2006] EWCA Crim 2918, the Court of Appeal confirmed that the authorities “suggest that that it is not likely to constitute an abuse of process to proceed with a prosecution unless (1) there has been an unequivocal representation by those with the conduct of the investigation or prosecution of a case that the defendant will not be prosecuted and (2) that the defendant has acted on that representation to his detriment. Even then, if facts come to light which were not known when the representation was made, these may justify proceeding with the prosecution despite the representation.”

These principles apply to decisions to issue a fixed penalty notice or to caution:

• Has an unequivocal representation been made that this is to be the disposal?
• Has the suspect acted to their detriment by accepting this alternative disposal?
• Have further facts come to light?

Even in cases where further facts have not come to light, it may be appropriate to reconsider a prosecution decision not to prosecute, including to divert from prosecution. That is especially so, where a further review of the original decision shows that it was wrong and, to maintain confidence in the criminal justice system, a prosecution should be brought despite the earlier decision. In such circumstances, it is important in addressing any abuse of process argument that the prosecutor applies both the Code for Crown Prosecutors and the guidance on Reconsidering a Prosecution Decision, which addresses the relevant law further.

Do they have legal insurance? They need a consultation on getting this stopped.

 

[Old Salt]

My mum kept getting threatening letters for non payment of council tax. Wrote many letters enclosing copies of receipts etc. Eventually turned up in magistrates court, explained what had happened, provided copies of all the letters sent, including the recorded delivery ones, copies of receipts for payments etc.

Magistrate told council they were a load of buffoons and awarded her £150 costs.

Wait till your court date and show them up! Its the only way they learn.

 

[motorbiking]

In your mum's case she was not guilty. She should have also sought damages on top (different court).

In this case [Ellal's person] we have a person being charged out of time and after being advised no prosecution would come. It's abuse of process rather than not guilty.

 

[Brigadier]

Thought I'd update this thread.

No further charges came my way. The police charged the other guy. Turns out there was an off duty cop behind us with a dash cam.

So all good for me.

Do you know for a fact that Plod "charged the other guy"?
@motorbiking - is there any way to find this out?

Also @motorbiking - what is the likelihood that Plod told the other party that they'd charged SX, and would be taking no action against them?
(In other words, Dibble doing nothing, but leaving each party with a sense of "case closed"?)

 

[motorbiking]

Worth remembering that the OP was warned of prosecution for a driving offence, he wasn't the reporting witness and we have the story confirmed by the insurance company.

Its not easy to find out about prosecutions that do not go to trial as a member of the public.

 

[sxturbo]

.

Do you know for a fact that Plod "charged the other guy"?
@motorbiking - is there any way to find this out?

Also @motorbiking - what is the likelihood that Plod told the other party that they'd charged SX, and would be taking no action against them?
(In other words, Dibble doing nothing, but leaving each party with a sense of "case closed"?)

No only know what the insurance company told me.

I was chasing it as I've just bought a new car and as it's a little sporty (at least much more so than my nissan IAS/was/could ever be) I had to make sure this accident wasn't going to affect my car insurance too much. Which now it has been resolved means that I could proceed with the purchase.