NIP
20 October 2001, 09:29 AM
#1
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Just got a Notice of Intended Prosecution thru the post. Great. What is the current thinking on these? What is the best way of handling them? I remember reading something on here before about addidng a phrase to the declaration to avoid confriming your guilt.
Ideas gratefully appreciated!
20 October 2001, 10:29 AM
#2
Got one of these a few weeks ago, but fortunately it wasn't me driving at the time. IIRC it is very specifically worded to make it clear that all you are admitting to is that you were driving the car at the time - not the speeding offence itself.
I believe it was changed because there were some concerns about infringement of your right to silence. However, since we all know that if you don't respond within a certain time you will be prosecuted, this is still dodgy. Hopefully sooner or later someone will have the ***** to take it all the way to the Lords and get a judgement that forcing you under threat of prosecution to admit to being at the scene of a crime is an infringement of your human rights.
[Edited by scud8 - 10/20/2001 10:30:22 AM]
I believe it was changed because there were some concerns about infringement of your right to silence. However, since we all know that if you don't respond within a certain time you will be prosecuted, this is still dodgy. Hopefully sooner or later someone will have the ***** to take it all the way to the Lords and get a judgement that forcing you under threat of prosecution to admit to being at the scene of a crime is an infringement of your human rights.
[Edited by scud8 - 10/20/2001 10:30:22 AM]
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