159mph copper faces an appeal by the CPS

map · Mr Calendar Joined: 14 Jun 2004 Karma :

Radio news reports CPS are to appeal against the decision to let off the policeman caught doing 159mph because he was testing the capabilities of the vehicle.

Previous BCF thread links on this subject here and here.

Also, as was pointed out by a colleague, if he wasn't on duty and not authorised to take the vehicle why didn't he face a charge of taking without consent?

<edit>Found a bbc news story on this - click here</edit>
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VTR SP1 · Brolly Dolly Joined: 31 Aug 2004 Karma :

And if he beat up an old lady and stole the keys from her he would be done for robbery........but he diddent.

Cant you just stick to the facts?

SP1

Silver · World Chat Champion Joined: 03 Oct 2004 Karma :

Arrrghhh! Not this topic again!

tintin · Traffic Copper Joined: 23 Jun 2004 Karma :

See it serves me right for never reading the story properly, I didn't realise he wasn't on duty and hadn't been sanctioned when he was out 'testing'. Therefore he should be subject to the the same laws as the rest of us.
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Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

Hi

Much as I think he should have been dealt with the same way as anyone else, not sure how he can be prosecuted again under the double jeopardy rules.

All the best

Keith
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Itchy · Super Spammer Joined: 07 Apr 2005 Karma :

Kick , do you not remember the law chance that was announced or planned by the NL government that people can be tried over and over again if sigbnificant new evidence turns up or something like that I recall having a debate about this being used to persecute people the government didn't like till they got the rigth verdict

Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

Hi

I do remember that, but given that it was meant to be for serious offences and where new info has turned up I think it would be an abise of this law to use it to have another go at prosecuting him. Think they double jeopardy rules are still meant to apply most of the time.

All the best

Keith
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map · Mr Calendar Joined: 14 Jun 2004 Karma :

killa · Won't Shut Up Joined: 18 Oct 2004 Karma :

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VTR SP1 · Brolly Dolly Joined: 31 Aug 2004 Karma :

Suzuki · Roger Joined: 03 May 2005 Karma :

I think the double jeapardy rules mean that you can't be convicted for the same crime twice.

For example, Hex vanishes, and I'm convicted for murder based on evidence that I didn't like his face.
I go down for 10 years.
Hex then reappears, and I kill him in broad daylight, by battering him with a massive dildo whilst screaming "arrrggghhh the monkey face is back!!!!".
Since I've already been convicted for his murder and served 10 years for it, I'm then immune from re-prosecution?

Something like that.

If however you're found innocent of a crime, and new evidence comes up later, I think you can be re-tried. Not sure though.
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Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

jimster · Spanner Monkey Joined: 16 Mar 2005 Karma :

Once he's found not guilty, he cannot be charged again with the same crime. But the CPS can still appeal and try to get a court to say that he shouldn't have been let off.

Why do this? So that if a similar situation arises in future, there'll be a clear court ruling on whether the person should be found guilty or not.

It's fairly rare for the CPS to appeal a not-guilty verdict, but they will do it if the verdict was particularly absurd!

N.B. The double jeopardy rule has been (imo disgracefully) scrapped by the Criminal Justice Act 2003, but you can only be tried twice for the same crime if:
(1) it's a serious crime and
(2) new evidence has emerged.
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