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PostPosted: Tue Oct 24, 2006 17:03 
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Sorry Handy but I have to disagree.

An offence is comitted by a named individual only when it can be proved beyond a reasonable doubt.

In the case of a speeding offence that evidence is made up of two pieces of evidence that the car was exceeding the speed limit, in the case of a device operated by a person:

1. The prior opinion of an officer that the car was exceeding the posted speed limit
2. The corroboration of the device (in this case LTI 20:20)

Without both of these no case can be proved therefore the offence did not take place.


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PostPosted: Tue Oct 24, 2006 17:10 
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handy wrote:
That is not the case being stated here, the businessman has no challenge to the fact that he was breaking the law, he is challenging the way in which he was caught breaking the law.

If I accuse you of speeding, does that mean you've committed a crime just because I have said so, or would you expect evidence? If I couldn't provide that evidence, would you accept punishment for the crime you have supposedly committed, or would you argue in court? If the court backed you up, would you be happy with people saying that you must have committed the crime anyway because someone accused you?

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PostPosted: Tue Oct 24, 2006 17:24 
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Last edited by handy on Tue Oct 24, 2006 18:50, edited 2 times in total.

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PostPosted: Tue Oct 24, 2006 17:50 
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handy wrote:
This "businessman" has not denied he was speeding, he has an issue with how he was caught at it.


Not denying something is not the same as admitting to it.

I think you will find that standing up in court and just pleading not guilty doesn't carry much weight.

In fact, has the "businessman" entered a not guilty plea? I would count that as a pretty definate denial.


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PostPosted: Tue Oct 24, 2006 17:57 
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I've just had a phone call to say the defence lost the case. The information was third hand.

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PostPosted: Tue Oct 24, 2006 18:41 
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5 points (edited : initaly told 6)
£200 fine
£1100 costs

Prosicution wanted £3000 (updated)
the costs are disproportionate to the fine and that alone is a peverse judgement.

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


Last edited by anton on Tue Oct 24, 2006 21:22, edited 1 time in total.

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PostPosted: Tue Oct 24, 2006 18:54 
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The Magistraites fudged it to say that nothing says that civilians can't use the laser gun , there fore they can... Wiltshire are like that. They are not part of europe either (lol)

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Tue Oct 24, 2006 19:37 
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anton wrote:
The Magistraites fudged it to say that nothing says that civilians can't use the laser gun , there fore they can... Wiltshire are like that. They are not part of europe either (lol)


Is there going to be an appeal? Such an important, technical and significant case is worthy of a higher court in my opinion, able to interpret such complex legal arguements.


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PostPosted: Tue Oct 24, 2006 19:48 
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Anyone else get the feeling that no court in the land is going to dare to stop the gravy train? That they will fudge cases endlessly to keep it going? That when it comes to making money from the motorist, British justice is corrupt to the core?

Bar stewards.


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PostPosted: Tue Oct 24, 2006 21:24 
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Mika is definatly going to appeal

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Wed Oct 25, 2006 05:49 
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bombus wrote:
Anyone else get the feeling that no court in the land is going to dare to stop the gravy train? That they will fudge cases endlessly to keep it going? That when it comes to making money from the motorist, British justice is corrupt to the core?


Yeah. Depressingly so.

That's one of the reasons that Pepipoo can't win the whole war. The other is that if a lump of dodgy legislation gets taken out it can be replaced by further legislation.

But the Safe Speed work does not have such limitations.

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Our scrap speed cameras petition got over 28,000 sigs
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PostPosted: Wed Oct 25, 2006 07:31 
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bombus wrote:
Anyone else get the feeling that no court in the land is going to dare to stop the gravy train? That they will fudge cases endlessly to keep it going? That when it comes to making money from the motorist, British justice is corrupt to the core?

Bar stewards.


My feelings also, as I already said, "it all works like a mafia and the government are in on it. It’s a feeding frenzy by greedy people who are only looking after their own interests".

This country is getting worse by the day!

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PostPosted: Wed Oct 25, 2006 08:26 
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Quote:
from pepipoo: The costs requested by ACPO were in the region of £2500 - £2600 whilst the CPS request £550.

In fairness Mr. Frampton (Safety Scammership) and the chap from ACPO were requested to give explanation to court to how such high fees were calculated. Both replied that they had no rest all weekend addressing the media and making certain that they provided Council with all the evidence she required.


The court reduced the costs.(still disproportionate) ACPO's attempt to inflate the costs was a partial failure... is there a story there? only winning 20% of thier costs after vowing publicly to inflate court costs by £4000

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Wed Oct 25, 2006 09:06 
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anton wrote:
Wiltshire are like that. They are not part of europe either (lol)



Wiltshuire be a coun'ry unto itself you.

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PostPosted: Wed Oct 25, 2006 09:28 
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anton wrote:
ACPO's attempt to inflate the costs was a partial failure... is there a story there? only winning 20% of thier costs after vowing publicly to inflate court costs by £4000

Apparently, over £2k of the requested costs were because ACPO had to deal with the media over the weekend, taking up lots of their time. I don't know about anyone else, but the idea of a private company attempting (and by the sounds of things, almost succeeding) to inflate costs in criminal court cases for such frivolous reasons as "having to deal with press" is a scary thought.

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PostPosted: Thu Oct 26, 2006 03:24 
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anton wrote:
The Magistraites fudged it to say that nothing says that civilians can't use the laser gun , there fore they can... Wiltshire are like that. They are not part of europe either (lol)


Great! Does that mean I can buy the equipment and nab the scamera operators in their private vehicles?


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PostPosted: Thu Oct 26, 2006 10:18 
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news story : I will fight on.

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Fri Oct 27, 2006 22:33 
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Saw the morning bit - q??? - was the interviewer trying /sucking up for a knighthood. Most biased bit of interviewing i've seen for a long time


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