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| Shaun |
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Shaun
Likes 'em bent
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| Chriss |
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Chriss
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 Posted: 18:03 - 22 Jun 2007  Post subject: |
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No real advice to offer I'm afraid, but not surprising the police are lying on this one. 
Best of luck, let me know of the out come.
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TheShaggyDA: I've got 3 or 4 pairs that predate my wife, so at least 11.5 years old. |
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| Dom_ |
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Dom_
Points Mean Prizes
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| Posted: 18:26 - 22 Jun 2007 Post subject: |
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Thats coppers for you mate.
Large percentage of them are all the same, pig-headed lying scum. I finally lost ALL respect for them when i read three statements which were so fictional half of what they wrote did not make sense and conflicted with previous statements.  |
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| Kickstart |
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Kickstart
The Oracle
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| st3v3 |
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st3v3
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| Posted: 19:52 - 22 Jun 2007 Post subject: |
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better consulting the likes of Johhny GSXR, but I would hazard a guess the rights they read are what formally entitles them to take this kind of action, thus anything before the rights are read couldn't be used, My dad once got done for speeding one night cabbying and the copper took his reg, came round our house the next day, took the colour of another car on the drive which was the same make, not model and quoted bit's about that.... still not sure how they got a conviction 
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Roger wrote: Women don't get damp for clingy puppies. Get some better happy pills, hit the gym & buy a medallion the size of a dinner plate. Job done |
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| T.C |
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T.C
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Posted: 21:09 - 22 Jun 2007  Post subject: |
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It is a requirement of the Police and Criminal Evidence Act (PACE) that as soon as an offence is suspected, then the suspected offender must be given the short caution before any further questions are asked.
If he has failed to comply with the requirements of PACE, then that in itself is sufficient to have the case thrown out.
In order to discredit the evidence, it would have to be shown that the notes were not made up accurately or they are not contemporaneous, ie the interview was not recorded at the time.
If you were reported for summons, the question needs to be asked "when were his notes made up?"
If he states that they were recorded at the time of the interview then ask to see a copy but in any case you should have been asked to read through and if agreed as a correct record of the interview, sign or initial the bottom of the page.
In respect of offences reported for, he should have given you a verbal NIP (written one is not required) and if reported for due care, he may also have said any other offences disclosed which could amount to any offence and would be perfectly admissable in court.
If your solicitor is any good, then he/she shouldbe able to discredit the evidence, and remember you only have to show reasonable doubt for it to be thrown out.
Sounds like it all hinges on whether he has complied with PACE
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It is better to arrive 30 seconds late in this world, than 30 years early in the next |
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| Shaun |
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Shaun
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| Posted: 22:19 - 22 Jun 2007 Post subject: |
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Thank you very much T.C! I was hoping you would reply. 
I'll mention this to my solicitor and see what they say. If our paths ever cross I owe you a beer or 2 (unless they give me a big fine in which case it would be appreciated if you buy me one).  |
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| Shaun |
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Shaun
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| Posted: 22:44 - 22 Jun 2007 Post subject: |
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A quick look at his statement shows he made his statement 2 days after the offence. |
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| T.C |
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T.C
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Posted: 23:03 - 22 Jun 2007  Post subject: |
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| Shaun wrote: | A quick look at his statement shows he made his statement 2 days after the offence. |
Statement is different to his notes which he will use in court.
Let me rephrase that 
He will have made what is called a section 9 statement, a witness statement to you and me, which will have been compiled from his notes made at the time. This is perfectly acceptable and is no different to you making a statement 6 months after an incident, it is still perfectly legal and admissable.
Under section 9 of the Magistrates Courts Act it allows the statement to be tendered in evidence, and if not contested by either the prosecution or defence, it will be admitted into evidence as being a truthfull and full account of the incident without the need to call the individual who provided the statement as a witness.
However, you are contesting his statement in respect of its contents, but more to the point you are contesting the validity of his notes made at the time from which his statement was made.
Does that answer it for you?
In short don't worry about when his statement was made, it is his original notes you are interested in!
Also bear in mind that for the speed offence, the PROViDA (Video and VASCAR) equipment should have been shown to you if it was used, and this will show the distance over which you were checked which must be given in evidence, if he did you on a following check against his speedo (which is quite legal) he must follow you for a minimum of 2/10 of a mile on A roads, 1 mile on a Motorway, and again in his evidence he must state where he commenced the check and where it was completed, and the speedo must have been callibrated before and after reporting you, which for traffic vehicles is normally once a week (a sunday usually) over the measured mile against a certified stop watch, and again this must be included within his evidence.
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It is better to arrive 30 seconds late in this world, than 30 years early in the next
Last edited by T.C on 23:09 - 22 Jun 2007; edited 1 time in total |
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| Louise |
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Louise
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| T.C |
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T.C
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| Posted: 23:16 - 22 Jun 2007 Post subject: |
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| Shaun |
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Shaun
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| Posted: 23:21 - 22 Jun 2007 Post subject: |
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| T.C wrote: | Does that answer it for you? |
Yep, I gotcha.
| T.C wrote: | Also bear in mind that for the speed offence, the PROViDA (Video and VASCAR) equipment should have been shown to you if it was used, and this will show the distance over which you were checked which must be given in evidence, if he did you on a following check against his speedo (which is quite legal) he must follow you for a minimum of 2/10 of a mile on A roads, 1 mile on a Motorway, and again in his evidence he must state where he commenced the check and where it was completed, and the speedo must have been callibrated before and after reporting you, which for traffic vehicles is normally once a week (a sunday usually) over the measured mile against a certified stop watch, and again this must be included within his evidence. |
This part is interesting, it was on a motorway, statement says that he got into position behind me and kept a constant distance for half a mile at speeds of 90 to 95mph. I'm guessing he couldn't complete the mile because it was around the same area when I spotted him in my mirrors and hammered the brakes then pulled over.
I can't recall him making notes at the time but I couldn't see his hands so he could've been, only thing I saw him writing was the producer. I know I hadn't been cautioned before questioning because I remember shitting myself when he reeled off the caution thinking I was going to be arrested. |
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| T.C |
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T.C
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Old Thread Alert!
The last post was made 18 years, 339 days ago. Instead of replying here, would creating a new thread be more useful? |
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