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 Post subject: malicious prosectution?
PostPosted: Mon Aug 15, 2005 15:58 
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Joined: Fri Apr 22, 2005 10:30
Posts: 2053
Location: South Wales (Roving all UK)
Posted this on Pepipoo also

Purely theoretical but Its been bugging me for days.

You have been prosecuted for a speeding offence in the magistrates court and recieved a greater burden of fine/costs/points than you would have done had you been offerred a Fixed Penalty.

You did not elect to go to court but for some unknown reason the SCP and CPS summoned you. (possibly to make an example etc)

If you can prove that for the severity of offence it is the norm to offer a FPN do you have recourse to have your penalty reduced to that level? Could you put forward the arguement that the SCP/CPS have wasted the court's time and therefore they should bear the costs?

I'm not asking whether it has happened, I'm floating the scenario for comment and consideration.


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