civil engineer wrote:
Also Mike,
Where in this long and winding thread was it agreed that the constable in this instance formed the prior opinion? Where?
We all agree that the constable should have formed the prior opinion but we just don't know.
I would suspect strongly that given the scenario described by HA that there was no prior opinion formed whatsoever.
I'm actually very interested to debate this as there are clearly wide ranging implications regarding the power of a PCSO to enforce speeding laws.
I just can't work out where you are coming from other than the vicki pollard stuff. Could you please write a brief post outlining your understanding of the situation described by HA and give your opinions accordingly.
Ok!
We can only assume certain things as we were not there, we were not with the PC or PCSOs and Andy refuses to publish the fine or documents (even with the sensitive bits crossed out)
BUT
We need to agree in principle that it could well have been Lawful. (which I believe has been done about ten times)
What people are still saying is that the scenario Andy mentions IS unlawful.
In Andy’s (alleged) scenario they were all together (PC & PCSOs)
If that’s the case, then the PC could have directed the PCSOs as to which vehicle to point the laser at.
The PC and PCSOs could have all witnessed the reading of the laser.
The PC & PCSOs jumped in the road and stopped the vehicle.
The PC issued the ticket.
Andy paid the fine.
In summary…
The Constable formed the prior opinion.
The Constable and PCSOs stopped the vehicle.
The Constable issued the fine.
We have to agree in principle that it could have been Lawful. If done correctly.
What everyone seems to be saying is that the PCSOs should not have even been there as that part makes it unlawful.
Which is clearly wrong, as NO ONE has posted/linked anything to suggest that, apart from saying there might be in a book at the library, that may say something different “but I don’t know what it might say”. come on!
All that we can go on here, is Andy’s questionable scenario.
ANDY! Who was the Moderator you posted the fine to, as it’s really important for this debate to be concluded!