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PostPosted: Fri Sep 29, 2006 16:30 
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http://news.bbc.co.uk/1/hi/wales/north_east/5392626.stm

But he was given five penalty points and fined £150 with £2,000 costs by Wrexham magistrates.

District Judge Andrew Shaw told him the fine reflected the speed he had been travelling at Gwersyllt.

going back to Sept 13th...
http://www.safespeed.org.uk/forum/viewtopic.php?t=9340
Quote:
This is not legal and cannot happen. the magistraites guidelines on the judicial studdies web site states that the costs must not be disproportionate to the fine and quotes case law for the mag's to follow ex parte "dove" It is also intimidation. It also is an indicator that we are winning and they are worried. It could all be compleatly irrelivent if Idris Francis wins, and it might even help his case :lol:

See page 88 case law in magistraites guide lines

Quote:
The costs paid should not be in the ordinary way grossly disproportionate to the fine imposed for the offence

R v Northallerton Magistrates' Court, ex parte Dove

four-and-a-half times greater than the fine imposed was disproportionate

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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 Sep 29, 2006 16:52 
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Previously, the court had heard that if his challenge was successful, it could have seen thousands of motorists having their fixed penalty notices reviewed.

The outcome was already a forgone conclusion, and it is obvious he has been spanked on the costs in an attempt to dissuade anybody else from questioning what they are charged with.

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PostPosted: Fri Sep 29, 2006 17:05 
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so can I report this district judge to the ??? for misconduct in not obaying the mag's guidelines and case law....

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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 Sep 29, 2006 18:16 
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Somebody needs to do something or they'll just run rough shot over anyone who dares take a case to court anymore.

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PostPosted: Fri Sep 29, 2006 18:22 
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One would wonder whether that is the courts costs or his actual costs as that is not clear from the news report. When I lost my magistrates case my personal costs were in the region of £1500, fortunately after another £300 the case was won at Crown Court on appeal and all costs were awarded.

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PostPosted: Fri Sep 29, 2006 20:23 
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anton wrote:
so can I report this district judge to the ??? for misconduct in not obaying the mag's guidelines and case law....


what costs would he have claimed for being represented by Dr Clark if he had been found not guilty


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PostPosted: Fri Sep 29, 2006 20:48 
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The costs figure may be similar on the defence side. (if not more)

The principle was set in the Dove case which was an enviromental case. Lab costs in enviromental cases can be very expensive. It was decided that large cost incured could not be disproportionatly passed on to the defence case.

Imagine that you has dropped a chewing gum wrapped in paper on the street. The normal fine for this might be a £50 fiexed penalty. You had no recolection of dropping the gum and the enviromental services called in the top us expert on DNA who lives in a megabucks mansion in calafornia to spite you. ignoring local experts who would have been suficient. They sent in thier written report. Which was flawed. But they planned to fly over from the states first class to testify on a £50 chewing gum case.

This is what is happening on LTI20-20 cases.

This is what this ruling is supposed to stop.

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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 Sep 29, 2006 21:52 
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was the american flown in, the defendant was lucky he kept his still able to drive


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PostPosted: Fri Sep 29, 2006 21:55 
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I dont know about this specific case. I know one case in Devon got to £30,000, Manchester £5000?

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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 Sep 29, 2006 22:45 
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I understand it was "a most unjust decision", with fierce prosecution costs and it is being appealed


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PostPosted: Thu Oct 05, 2006 00:50 
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Mr Bentley is now assesing some of the signs evidence,

before
Image

after
Image

and the estate road that joins the site
looking up
Image

and down the road (turn left into 30 target zone) note no streetlights or signs on this road (speed limit?)
Image

fatboytim


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PostPosted: Thu Oct 05, 2006 01:26 
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The solicitor was interested to have the relavent part of the Magistrate's regulation on costs brought to his attention.


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PostPosted: Thu Oct 05, 2006 07:29 
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If I was in court as a member of the public at acase where excessive costs were handed out.

Should I shout out at the mis-carrage of justice and ask the judge to follow the mag's guidelines and caselaw. Is there any protection for whistle blowing/ public interest.

Can I get arrested. LOL What is the likly outcome?

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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: Thu Oct 05, 2006 07:40 
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anton wrote:
If I was in court as a member of the public at acase where excessive costs were handed out.

Should I shout out at the mis-carrage of justice and ask the judge to follow the mag's guidelines and caselaw. Is there any protection for whistle blowing/ public interest.

Can I get arrested. LOL What is the likly outcome?


£3,000 in court costs. :roll:

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PostPosted: Thu Oct 05, 2006 10:18 
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Anton,
BTW this 30 site has lane dividers to diagram 1004.1
fbt


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PostPosted: Mon Oct 16, 2006 13:53 
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I have been informed there will be an Appeal.
fatboytim


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PostPosted: Wed Nov 15, 2006 11:05 
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Any one who needs a full copy of the dove case should send me a pm with thier email address.

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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 Nov 15, 2006 22:59 
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I just reveived my £3 compensation cheque from Thames Valley Police (well, actually the magistrate's court on behalf of the Police...)

Anyway, the day I attended court, I got to view a few cases where the Police were either late in providing proof, or disclosing previously undisclosed evidence, or just plain wrong, and Maidenhead Magistates court seemed quite upset about the way the Police was handling these cases. On one occasion the Police was forced to admit fault (for not providing documentation on time) in order to avoid having to readjurn a case again.

So it seems in the hands of the courts. If more courts got tough on the Police, I am sure we would see more justice. Amazingly...

I wonder if that was the reason my case was dropped. The Police was obviously hoping I would not get in fron of the magistrates!

Well, tough! :-)


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PostPosted: Wed Nov 15, 2006 23:12 
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Perhaps we now need a new law ( well why not - tony is good at that ) of wasting the public's time for the police and SCP :roll:


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PostPosted: Thu Nov 16, 2006 01:32 
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http://www.pistonheads.com/gassing/topic.asp?t=327048&f=10&h=0


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