Samwoe writes:
Quote:
ACPO guidelines lay down the actions and penalities attached to speeders.
In essence the formula is -The speed limit for the particular stretch of road + 10% Plus 2 mph.
Thus the 'line in the sand' is 35 mph, 46 mph, 57mph, 68 mph, 79 mph.
It does appear below these deadlines - a motorist cannot be prosecuted or given a fixed penalty,
by a partnership operating a moble or fixed camera.
However a police officer has wider powers, witnessing a stupid speeder he/she can send a driver for
report/ prosecution. His/her expertise being a contributory factor in the evidence.
This is correct. However THE MAGISTRATES, who deal with 95% of the cases of speeding have been led by the nose by the representatives from,CTO, CPS and the Courts legal reps for years, that ALL the offences brought before them are to be dealt with as if they had been apprehended by a POLICE OFFICER & not captured by a static camera.
I have been present when it was perfectly obvious that The CTO Officer, representing the Chief Constable & The CPS rep,(who had not even seen the case let alone APPROVED it for prosecution), just simply misled the magistrates that each case was brought before them was being prosecuted at 34,35 mph because it broke the POSTED limit! I have never heard of ACPO 10%+2 being conveyed to the magistrate. I would be surprised if ANY of them were even aware of THE REAL speeding policy under the camera scheme of The Chief Constable.
Even solicitors with years of service under their belt have tried to argue on behalf of their clients admitted no knowledge of ACPOs 10%+2!!
Perhaps we should have FULLY TRAINED magistrates who understand just how the prosecutions under the Road Safety Camera Scheme SHOULD operate instead of being conned in to believing that the posted limit was the proecuting threshold and 31 mph, by camera, was therefore APPROVED by the Chief Constable at his DISCRETION!
Maybe it should be a requirement that ALL the Partnerships had a magistrate on it's board!
There's been many reported occurrences of people actually being prosecuted way below the 10%+2 because the CTO & CPS rep failed to inform them that they didn't even qualify for A CAUTION and the magistrates found then guilty, fined them £60-£100 plus costs plus points on their licences, WHEN THEY SHOULDN't HAVE EVEN BEEN IN COURT AT ALL!!! The Chief Constable sits back in silence in case it affects his extra income from the publics wallets (If only by way of costs!)
Cameras in Blackpool seem to operate from 31 & generate FPNs for ALL speeds!
Great for the tourist & visitors industry!
The cowboys/cowgirls lie in court by ommission with the knowledge that The CPS rep will pull the case if it's looking like somebody "JUST MIGHT SPILL THE BEANS" and pull the plug out of the milking machine!