Theoretical Question For Stuart or other legal bod
Just been doing some investigations and this is what I have found:-
Contrary to popular belief, the defendant does not have to prove his/her defence, it is for the prosecution to prove that the defendant's vehicle exceeded the limit at the time of the offence and that the defendant was driving.
Speed cameras do not deal with the question of who was driving, which is often dealt with by a Notice To Keeper requiring the registered owner to name the driver at the time of the alleged offence. Since failure to answer such a question is an offence, it may amount to compulsory questioning and therefore contravene Article 6 of the Human Rights Act 1998.
Let them try it on me!!
I will have fun!!
Pete
Contrary to popular belief, the defendant does not have to prove his/her defence, it is for the prosecution to prove that the defendant's vehicle exceeded the limit at the time of the offence and that the defendant was driving.
Speed cameras do not deal with the question of who was driving, which is often dealt with by a Notice To Keeper requiring the registered owner to name the driver at the time of the alleged offence. Since failure to answer such a question is an offence, it may amount to compulsory questioning and therefore contravene Article 6 of the Human Rights Act 1998.
Let them try it on me!!
I will have fun!!Pete
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