camera operator wrote:
Zamzara wrote:
But your opinion that they are speeding is 50% of the evidence. If a non-constable can give their opinion, then what is to stop the accused stating that in their opinion they were not speeding?
nothing, the evidence / results of the LTI is on tape, i can sit at a site
I believe this has been discussed before, and far be it from me to tell you, but AIUI from ACPO guidelines.
The video is not evidence of speeding.
A conviction for speeding requires 2 forms of evidence. In the case of mobile cameras, this is:
1) Prior opinion of a police officer.
2) A speed detection device.
The video, I guess, could be used as evidence that the speed detection device displays on the video the speed that the PC says it does. However, the value of this to the prosecution is dubious, as to use it would require the video to be given to the defendant. For some reason, the prosecution are reluctant to allow the defendant to have video tapes. Presumably, because the defendant could prove that either the speed was incorrect for their vehicle, or that the correct procedures were not being followed, e.g. speeds of vehicles well below the speed limit were also being checked, hence disproving the first part of the required evidence.
However, the video is not required, but the word of the PC is sufficient, i.e. you can be prosecuted on the evidence of one persons word - albeit a PC.
If you are not a PC, but are instead a civilian, then that 'one persons word' is no longer considered reliable enough. Now, the question may be asked as to the difference between a PC's and a civilian operators word, but equally, the question may be asked as to why anyone is convicted on the basis of one persons evidence.