http://www.mailonsunday.co.uk/pages/liv ... ge_id=1770
The hundreds of civilians who are operating speed cameras
By DENNIS RICE, The Mail on Sunday
Thousands of motorists could have their speeding fines refunded thanks to a landmark court case taking place this week.
A businessman will tell magistrates his penalty charge should be overturned because the hand-held camera that caught him driving over the limit was operated by a civilian and not a serving police officer.
If he is successful, there will be a flood of similar challenges that will leave police forces with the prospect of paying back millions of pounds in fines. Motorists could also see penalty points wiped off their licences.
The case, which is backed by a pressure group opposed to speed cameras, centres on what it claims is a flaw in the Police Reform Act 2002.
The Act gave chief constables the power to employ civilians in some roles. But, according to campaigners, it did not give them the legal right to catch speeding drivers.
Empowerment
Mike Morgan, who runs the anti-speed camera website
www.pepipoo.com and will speak on the driver's behalf at the hearing in Devizes Magistrates' Court, Wiltshire, told The Mail on Sunday: "There is no question in our minds that the camera partnerships are acting outside of the law by using civvies instead of police officers.
"Police constables are considered to be officers of the Crown and, as such, are deemed to be able to form what is known as a prior opinion of excess speed. The camera or other device provides the secondary opinion - but one is not valid without the other.
"We have sought top legal advice and they agree that there is no Act of Parliament that gives the civilian camera operators the empowerment to give primary evidence - only a police officer can do that."
The Home Office declined to comment and referred callers to the Association of Chief Police Officers (ACPO). But there would be major consequences if the motorist wins in Devizes on Tuesday as many police forces began using former parking wardens and retired officers to man their speed traps two years ago. The businessman from Wiltshire faces a £60 fine and three points on his licence.
His defence team persuaded magistrates at a previous hearing to order the Crown Prosecution Service to show where in the statute book it says that civilians operating the camera on their own can decide someone has been speeding.
Civilian operators
If the businessman is successful, then thousands of motorists prosecuted for speeding on the same basis could also have their charges declared legally invalid. Similarly, those who have already paid a fine and incurred points on their licence could appeal.
As The Mail on Sunday's undercover expose revealed last week - courts are already struggling to cope with the sheer volume of cheques for speeding fines. The Treasury banked £17million last year after safety camera partnerships in the UK went over their targets for the number of motorists they planned to catch.
Robert Dobson, a solicitor who specialises in road traffic cases, believes the Home Office should be preparing itself for a 'rough time'.
A straw poll of the UK's 42 camera partnerships found 11, including Cambridgeshire, Hampshire, and Dorset, admitted using civilian operators for their mobile devices although the Metropolitan Police in London and Thames Valley solely employed police officers.
An ACPO spokeswoman said: "A number of safety partnerships employ civilian operators for the purpose of speed enforcement. ACPO are satisfied that the position is legal and at the outset of this process obtained legal advice that supported this position."
Login
Register
FAQ
Search
Members
