GreenShed wrote:
The conviction would not be hampered because of evidence that is not examined by the defence as unless it is evidence that has the possibility of undermining the prosecution case it is not required to be released; it will be correctly listed as unused material.
In the case of SPECS, the thread subject, the secondary check method need not be released as it is not in the possession of the prosecution so is not evidence at all.
...
You may need to visit the CPIA to get the exact details but that's the law as I understand it.
That may well be the way it is, but it doesn't necessarily make it right.
GreenShed wrote:
When you go to court in a Drink Drive offence do you get the detailed workings of the intoximeter revealed in evidence? I rather think you do not; nor do you need to.
We would like to confirm that the secondary measurement is
independent mechanism from the first (which obviously is the case for a DD offence)
GreenShed wrote:
Steve wrote:
Don't you see anything wrong with keeping the methods of evidence capture of speed measurements, for prosecutions of the public who (one way or another) fund their work, a secret from that public?
What recourse is there for anyone who wishes to dispute the speed measurement?
The speed has been calculated by 2 independent means and is verified as an accurate and efficient system.
And Frank Garrett says an LTI 'can't get slip from a moving surface even though it can get it from a stationary one' - of course he wouldn't explain how, so do you also believe FG on that one too?
GreenShed wrote:
To dispute it, bring 2 independent speed calculations that have been verified as correct by some accepted standard and make sure they have been created at the same time; then argue why that brings reasonable doubt on the verified evidence.
So in order to dispute the inherent correctness of something, one cannot use use a logical explanation and must instead wholly present direct evidence to the contrary without understanding how it arose?
Are you really sure you want to continue that line of thought? "
prove it is false even though the means to do so has been withheld from you"
The two original questions remain:
- Don't you see anything wrong with keeping the methods of evidence capture of speed measurements, for prosecutions of the public who (one way or another) fund their work, a secret from that public?
- What recourse is there for anyone who wishes to dispute the speed measurement - apart from going back in time and evaluating that particular offence?