Safe Speed Forums

The campaign for genuine road safety
It is currently Wed Jun 10, 2026 14:46

All times are UTC [ DST ]




Post new topic Reply to topic  [ 15 posts ] 
Author Message
 Post subject: Getting the video
PostPosted: Thu Nov 09, 2006 18:40 
Offline
User

Joined: Mon Oct 23, 2006 20:39
Posts: 11
Location: east yorks
I have written to the CPS and the Chief Constable to request the video of my speeding but they have both chosen to totally ignore my letters. What i have had to do in the past is to wait till the case goes to court then get the court to order that the tape be made available which then means an adjurnment and a new hearing date. Is there any way getting the video without all this?
steve c :?:

_________________
help Dr L i have been band from driving for six months i was not speeding the LTi 20/20 was not being used in line with ACPO this was proved, high probability of speed reading affected by reflection from other vehicle have video need to prove speed


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Thu Nov 09, 2006 18:55 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Thu Aug 11, 2005 19:50
Posts: 3369
Location: Lost in the Wilderness
Chiltsj,

Your post was moved to the clubhouse where I believe you have access too here.

http://www.safespeed.org.uk/forum/viewtopic.php?t=10100

_________________
Useless laws weaken necessary laws.


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Fri Nov 10, 2006 00:19 
Offline
Member
Member

Joined: Sun Jan 08, 2006 00:42
Posts: 832
You and others may be interested in this recent response from the Information Commissioner's Office.

This was with respect to an enquiry on behalf of another driver who was refused the video under the Data Protection Act, despite a previous ruling on the same police force that they must provide the video under a DPA Subject Access Request.

Quote:
Dear Dr L,

Thank you for your enquiry, I appreciate your concern that the Police are not complying with their obligations. There are some issues around this topic that I should perhaps explain.

Under the speeding enforcement rules a person is entitled to specific extracts of the photographic evidence to allow them to review the evidence against them. This is the standard photographic material routinely provided by the enforcement offices. This information is provided under rules outside of Data Protection.

The accused is not entitled to make any subject access request until they have clearly admitted / confirmed that they are the person the evidence relates to. Prior to admitting to being the driver of the vehicle in question, a person cannot make a subject access request for any information relating to the incident. The subject access request would not be valid until the applicant's identity and whether the images are the applicant's personal data has been confirmed beyond doubt by the data controller.

The person is entitled to make a subject access request at any time, I note that the force refer to having provided a subject access form with their letter, normal force procedures will require a subject access form to be completed prior to the subject access request being valid.

Until the driver completes the form and returns it to Police - with any required confirmation of identity, as well as the appropriate fee (understood to be £10) – their request for information is unlikely to form a valid subject access request.

The law specifies that subject access requests are not valid until confirmation of identity and any required fee have been received by the data controller (of the police). The subject access request is then likely to be considered by the Data Protection department within the Police as appropriate. It is not possible for a person to make a subject access request for the information regarding the incident, and then seek to defend the charge by way of denying that they were the driver involved.

Yours sincerely,

Information Commissioner's Office,
Casework and Advice Officer

Contact the police and tell them you wish to make a "Subject Access Request" for the video under the Data Protection Act and ask them for the necessary forms for this. They are required to provide the video clip containing your vehicle if you have accepted you were the driver. If they still will not comply then report back.


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Fri Nov 10, 2006 00:53 
Offline
Police Officer
Police Officer

Joined: Sat Sep 03, 2005 22:37
Posts: 279
Location: Warrington
If you have pleaded not guilty and have got legal representation then your solicitor should be able to get hold of a copy prior to the trial date for you to view or arrangements to be made for you to attend at the police station and view it.

Failing that you will most definetly see it played once at court, then that is if it is a video from a police vehicle, if it is laser video then you will only get a photo which was taken whilst you committed the offence and or a still from the video, you are not entitled to a copy of the whole video as it does not concern you as other peoples offences are held within it.
Stephen


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Fri Nov 10, 2006 01:25 
Offline
Member
Member

Joined: Sun Jan 08, 2006 00:42
Posts: 832
Stephen I think you have missed the point on this.

If you accept you were the driver, the Data Protection Act can be used to obtain a copy of the video clip, containing the vehicle you were driving, before the expiry of the fixed penalty offer, so it can then be used to check the validity of the speeding allegation in order to decide whether to take the case to court, or not.

It would seem that the police are increasingly manipulating the video evidence so as to conceal important material that would help with the defence, or to make it more difficult to use the video to check the validity of the speeding allegation.

I have also noticed in several cases I have investigated that the laser speed cameras tend to read a few mph higher than the actual speed of the car, so as to get above the 10% + 2mph threshold for those only just over the speed limit. The suspicion is that the laser speed cameras are being deliberately tweaked in some way to achieve this, so as to entrap more drivers.

I would also mention that we can't all afford the luxury of a solicitor and we have to manage as best we can on our own against the police and court system.


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Fri Nov 10, 2006 08:21 
Offline
Life Member
Life Member
User avatar

Joined: Sat Apr 30, 2005 22:02
Posts: 3266
on the subject of acces to video tapes, I went to court in Southampton and the expert had been given the full video sessions. Two unrepresented victims had been awarded the video by the court last sitting but had not received them. They stood up in court and asked why they should be disadvantaged and why their word was not trusted by the court. The court agreed and ordered the CPS to hand over the full sessions which they had with them (I don’t know whether the full session was actually on the tape, they are not that reliable!!!!)They had to sign a disclaimer that they would not use it for purposes other than their defence.

You realy have to corner them to get the full video. I know of only 3 un-represented people who have the full unedited tape!

One of the lead cases in this bundle of speeding cases was promised the full tape. It did not arrive. He turned up at the next hearing after a 500 mile round trip to be told he could see it at a police station. he wrote more letters, no joy. He employed barry Culshaw , barry put a convincing case and a 50 page written report in and he got the tape. 1st one I know of in Hampshire! they have now released about 20. Including these two un-represented lads.

_________________
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


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Fri Nov 10, 2006 09:09 
Offline
Member
Member

Joined: Sun Jan 08, 2006 00:42
Posts: 832
I understand that the speed camera video for the full enforcement session can be obtained via the evidence discloser rules under Section 7 and 8 of Chapter 25 of the Criminal Procedure and Investigations Act 1996, which requires that:

“The prosecutor must disclose to the accused any prosecution material which has not previously been disclosed to the accused and which might be reasonably expected to assist the accused's defence . .”


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Fri Nov 10, 2006 12:57 
Offline
User

Joined: Mon Apr 18, 2005 11:45
Posts: 17
You are also assuming they have any video evidence in the first place. If it is like Sussex they don't use a video recorder with the LTI20:20, so don't generate any evidence that could be used to prove your innocence. I really hope this isn't the case for you, as you'll be up ploppy creek without an outboard. The police, CPS and magistrates don't always play by the rules.


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Fri Nov 10, 2006 14:28 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Thu Aug 11, 2005 19:50
Posts: 3369
Location: Lost in the Wilderness
Dr L wrote:
StephenI have also noticed in several cases I have investigated that the laser speed cameras tend to read a few mph higher than the actual speed of the car, so as to get above the 10% + 2mph threshold for those only just over the speed limit. The suspicion is that the laser speed cameras are being deliberately tweaked in some way to achieve this, so as to entrap more drivers


That's a bit naughty if true Dr L. Is there now way of getting proof of this sort of behaviour? I thought these Laser speed cameras where supposed to be 100% accurate? (or is it 99.99..%)

_________________
Useless laws weaken necessary laws.


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Fri Nov 10, 2006 15:46 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Sun Sep 25, 2005 10:16
Posts: 7986
Location: Moved to London
Dr L wrote:
I have also noticed in several cases I have investigated that the laser speed cameras tend to read a few mph higher than the actual speed of the car, so as to get above the 10% + 2mph threshold for those only just over the speed limit.

I'm curious, what methods did you use to come to this conclusion? Could these inflated readings simply have been a result of slip?

Dr L wrote:
The suspicion is that the laser speed cameras are being deliberately tweaked in some way to achieve this, so as to entrap more drivers.

I didn’t think there was anything (on the LTI) that could be tweaked – at least not without ripping it apart anyway.


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Fri Nov 10, 2006 15:59 
Offline
Police Officer
Police Officer

Joined: Sat Sep 03, 2005 22:37
Posts: 279
Location: Warrington
Dr L ,
I hope that you can provide evidence of the allegation that you put forward as to your claim that I and other colleagues like me who use this equipment are committing criminal offences, can you answer me these points.

1.Where have you obtained this evidence.
2.how is this acheived as the LTI 20 /20 can not openly or easily be entered to carry out such deed.
3.If the above is the case then Tele Traffic must be in collaboration with the aforementioned groups to committ these crimes during calibration.

If this is the case then i will have to bring it to the attention firstly of Tele traffic then the correct authorities so that it may be investigated, presumably you will part with the information / evidence that will allow this to take place.
Stephen


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Fri Nov 10, 2006 17:40 
Offline
Life Member
Life Member
User avatar

Joined: Sat Apr 30, 2005 22:02
Posts: 3266
I have seen one of Mr Garretts own speed calculations from road markings and interestingly it was 2mph slower than his camera said.

_________________
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


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Fri Nov 10, 2006 18:21 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Sun Sep 25, 2005 10:16
Posts: 7986
Location: Moved to London
anton wrote:
I have seen one of Mr Garretts own speed calculations from road markings and interestingly it was 2mph slower than his camera said.

Ah, that must be why he claims an acceptable error margin of +/-2mph!

He insists that on moving objects errors of more than 2mph are highly unlikely. He says the system could display speeds out by "no more than 1mph, if at all, but in any event 2mph is well within the target parameters"


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Sat Nov 11, 2006 01:22 
Offline
Camera Partnership Staff
Camera Partnership Staff
User avatar

Joined: Tue Apr 26, 2005 19:48
Posts: 1995
Stephen wrote:
Dr L ,
I hope that you can provide evidence of the allegation that you put forward as to your claim that I and other colleagues like me who use this equipment are committing criminal offences, can you answer me these points.

1.Where have you obtained this evidence.
2.how is this acheived as the LTI 20 /20 can not openly or easily be entered to carry out such deed.
3.If the above is the case then Tele Traffic must be in collaboration with the aforementioned groups to committ these crimes during calibration.

If this is the case then i will have to bring it to the attention firstly of Tele traffic then the correct authorities so that it may be investigated, presumably you will part with the information / evidence that will allow this to take place.
Stephen



ohh stephen,

everyone knows you can break the tamper proof seal, and then whilst doing your duty in order to increase the number of convictions if your prior opinion does not work you can tweak the settings to get a reading, this is of course after you have tried to get the slip factor which only operators know how to do, then after this at the end of the shift, reset the tweaked settings, re seal the device with a tamper proof seal that we all have in our pockets, the time and date of calibration we obviously copy every time

_________________
now retired


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Tue Nov 14, 2006 17:58 
Offline
User

Joined: Mon Apr 18, 2005 11:45
Posts: 17
So why do the police refuse to bring a LTI20:20 and its user manual to court as evidence when requested by the defendant? If it is so perfect, what have they got to hide?


Top
 Profile Send private message  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 15 posts ] 

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 2 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You can post attachments in this forum

Search for:
Jump to:  
Powered by phpBB® Forum Software © phpBB Group
[ Time : 0.040s | 11 Queries | GZIP : Off ]