Turbohot

Can someone tell me what happened to the case which was to be decided on this gone Thursday?Pls let me know!i forgot to buy the Gaurdian!DO you have to sign it or not?????????

IanW

Taken from a post on 5ive-o by someone in teh legal profession:-

Justice Owen Ruling on the Dwight Yorke impacts this

1) A judge has not yet ruled on whether not signing forfils S172. This was not a question asked of Justice Owen and remains looking for a test case

2) Justice Owen ruled that an unsigned NIP can not be admitted under Section 12 of the RTOA. Further, from way over on the left field, he ruled that it is a confession on the terms of PACE and is admissible under PACE. Not only that it is excluded from requiring a caution before being given the NIP.

3) Dwight Yorke was let off because he did complete the NIP at all, his agent did, and therefore not a confession. M Mawdsley was sent back for retrial because he did fill it in himself and therefore it is admissible even thou it is unsigned.

pugoetru

so you get someone else to fill it in and your ok?

Turbohot

Is it or not?????

pugoetru

if only

Turbohot

Dicke C

Fill it in and put down the drivers name of your uncle/cousin/ long lost relative from Australia who came to stay with you for a few weeks. Name and address supplied it just happens to be in Oz

Neil Smalley

From Safespeed.org

If a brown envelope arrives, don't open it. Hand it to another member of the household saying: "please deal with this and ensure that my legal obligations are met." The form should not be signed to ensure that it is not admissible under s12 of the RTOA 1988. It is important that you do not give instructions about how the envelope should be dealt with. This will ensure that your rights are the same as Yorke's. (this advice kindly provided to us over the telephone by Fin Ó Fathaigh of The White Dalton Partnership - solicitors specialising in motorbike cases) [revised 1.8.03 at 16:50]


For existing NIPS see
http://www.safespeed.org.uk/unsigned.html

Chrisgr31

Presumably people will also be working on whether completing the form is an admission under the rules of PACE, and whether that is fair and correct.

Mawdlesleys case has been returned to the Magistrate court so if nothing else that is a test case for everyone already on the tread mill.

The other interesting thing is that it is reported on another website that a driver received an NIP for a speeding offence when he wasn't speeding. The computer added the speeds from the 2 photo's. Apparently this is a thousands to one chance. With the police looking for 3 million speeding tickets a year thats a heck of a lot of wrong convictions.

Makes one think that perhaps unless a driver is convinced they were speeding they should challenge the ticket.

Steve777

iTrader: (8)

Regardless of the outocme I believe that anybody receiving as NIp should make it as difficult and awkward as possible for the police.

I don't drive recklessly through Urban areas and would always reserve that for th track, but what does get to me is the underhand tactics of the police used to catch you.

I was reading the local press last week and there was a response to letters sent to the Derby evening telegraph with ref to speeding and the police's seemingly non interested policy to crime in the area.

The reponse from the Chief was that the force work incredibly hard to which I wouldn't have an argumentand don't doubt for one minute and that Road Safety Cameras in the area are brighly marked and that he doesn't want to catch speeders, just deter them.

Trouble is by the time you see the van you done anyway so they could be painted whatever colour you like. And in response to not wanting to catch people, then why are they always hidden around corners? In my opinion they are posistioned to gain optimum revenue.

flat4

my Uncle's letter was one of them, 37 in a 30 - lived there for 25 years, dead straight road, no hidden junctions/dangers & i can't say i've even seen an accident there


kev

pugoetru

thats because of the camera lol