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PostPosted: Wed Oct 06, 2010 02:41 
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BBC News here
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Wiltshire speed watch scheme 'helps to fill camera gap'
23 September 2010 Last updated at 12:46

Residents are trained how to use speed guns The Community Speed Watch scheme trains residents to use hand-held speed monitoring devices
Speeding motorists in Wiltshire are still being caught, despite the disbandment of the county's speed camera unit, council bosses have said.
Concerns were raised when the closure - due to government funding cuts - was announced last month.
Community Speed Watch (CSW) schemes were still monitoring and catching persistent speeders, the council said.
Most recently, three were fined in the village of Dauntsey near Malmesbury and given penalty points on their licences.

Still worthwhile
The CSW scheme, which is supported by Wiltshire Council and Wiltshire Police, trains residents to use hand-held devices to monitor the speed of vehicles in their local communities.
Five drivers in Dauntsey were monitored on three separate occasions exceeding the speed limit.
The vehicle details and movements were passed to Wiltshire Police.
The council said the fact that some people had been caught speeding using the CSW scheme showed it was still worthwhile despite the abolition of the Wiltshire Safety Camera Unit.
Did they really rely on 3 occasions by members of the public to send NIP's to the offending drivers ? Whilst I can understand the possible concern when any motorist is not travelling to the conditions this is no way to resolve it. Has the Courts really approved that potential vigilante groups are enough now for prosecutions ? - very troubling indeed, rarely heard of anyone booked from Speed Watch Groups. I thought that the Police needed to verify the offenders ....

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PostPosted: Wed Oct 06, 2010 08:00 
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This has got to be incorrect interpretation of the situation by the reporter. AFAIK the Speedwatch has no legal force and a policeman with a calibrated device must have been drafted in to get the prosecutions.

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PostPosted: Wed Oct 06, 2010 08:31 
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Correct, no legalforce.

No announcement yet on when the SCP is closing down...


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PostPosted: Tue Oct 19, 2010 15:54 
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Essex Camera partnership run a few community speedwatch type set ups and made a few claims of people 'caught' as has the replacement body the Essex Safer Roads Bureau, yet when challenged as to prosecutions resulting from these they remain very silent - in my very cynical mind I think the word caught is used to imply prosecuted without actually liying about it.

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PostPosted: Tue Oct 19, 2010 22:52 
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Johnnytheboy wrote:
Correct, no legalforce.

No announcement yet on when the SCP is closing down...

Incorrect; all that is required is 2 witnesses neither of whom need be a police officer.


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PostPosted: Tue Oct 19, 2010 22:57 
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GreenShed wrote:
Incorrect; all that is required is 2 witnesses neither of whom need be a police officer.

Real-world example?

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PostPosted: Tue Oct 19, 2010 23:20 
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PeterE wrote:
GreenShed wrote:
Incorrect; all that is required is 2 witnesses neither of whom need be a police officer.

Real-world example?

viewtopic.php?p=230679#p230679

Now point to the mystery legislation that requires a police officer to adduce evidence before a prosecution for speeding can take place.


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PostPosted: Tue Oct 19, 2010 23:46 
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GreenShed wrote:
PeterE wrote:
Real-world example?

viewtopic.php?p=230679#p230679

Now point to the mystery legislation that requires a police officer to adduce evidence before a prosecution for speeding can take place.

And where is there any evidence there that the evidence of two witnesses neither of whom is a police officer has ever resulted in a successful prosecution?

Would you like if it two of your neighbours who didn't like it clubbed together and got you convicted?

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PostPosted: Wed Oct 20, 2010 07:02 
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GreenShed wrote:
Incorrect; all that is required is 2 witnesses neither of whom need be a police officer.


It is certainly true in most areas of law that a policeman does not have to witness the crime being perpetrated for a prosecution to be started - there would be even fewer convictions for rape if that were the case. So, if Greenshed is indeed wrong, I think it incumbent on his detractors to quote the appropriate legislation rather than to launch a stupid ad hominem attack on him.

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PostPosted: Wed Oct 20, 2010 07:43 
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It is probably correct that a prosecution for speeding could be initiated on the statements of non-police officers. However, the subsequent investigation to find proof beyond reasonable doubt of this alleged crime would founder. The unsupported opinions would be insufficient evidence due to the neighbours scenario noted by PeterE. A conviction could never be obtained without clear proof which would, of course, be absent.

This is why the police send just warning letters to reportedly persistent offenders rather then NIPs.

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PostPosted: Wed Oct 20, 2010 11:52 
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I think using rape and speeding in the same context is a mistake.
if only "policemans word" were used to obtain a conviction then the rate of [rape] conviction would be nearly 100%, instead of nearly 60%. If we then take the rate of successful prosecutions related to the amount of claims we come to a figure of 6%.
That is: for any 100 allegations [of rape] there are 6 convictions.
If the "policemans word" was suitable then it would be 100 allegations to 100 convictions.
No evidence, in many cases of rape there is evidence of sex but not of non-consent, that is what the court/s are for.
In the case of speeding and community speedwatch the situation is even more blurred, since they [CSW] do not even use the same equipment as the police. In all the CSW speed-traps I have passed through they are either using the crude devices used on industrial sites, or the portable speed displays that we can see erected around the towns/villages.
Dads army comes to mind.
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PostPosted: Wed Oct 20, 2010 12:24 
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Greenshed, can you or can you not provide reference to a reported legal case where someone has been convicted of speeding based solely on the words of members of the public? Forum posts and newspaper reports do not cut it, we're talking court reports.

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PostPosted: Wed Oct 20, 2010 14:49 
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GreenShed wrote:
Johnnytheboy wrote:
Correct, no legalforce.

No announcement yet on when the SCP is closing down...

Incorrect; all that is required is 2 witnesses neither of whom need be a police officer.


I have NEVER heard of a successful speeding prosecution being brought on the strength of a single speedwatch ping, and the PR about speedwatch schemes makes no suggestion that such claims.

Kindly provide me with evidence to the contrary.

Additionally I am sure that there is no need for the registered keeper to name the driver, so the prosecutions would be impossible to progress.

If I am wrong and the recipients of speedwatch warning letters ARE required to incriminate the driver, could you provide proof?

Ta!


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PostPosted: Wed Oct 20, 2010 15:10 
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Your opinions are all very interesting but that is where they remain, unfounded opinion.

There is only a requirement for 2 witnesses and the same 2 can, if required I'D the driver if they are able. They can use a speedometer, doesn't have to be type approved, to back up their opinion as CSW do. Some of course do use type approved equipment.

The law is OK with 2 witnesses, it doesn't really matter if you are not happy with that as your opinions are unfounded. Now crack on and say why the law requires a police officer.

As DCB says, I asked first.


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PostPosted: Wed Oct 20, 2010 15:21 
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What the law requires is proof beyond reasonable doubt. Can you explain how this is provided by 2 witnesses with uncalibrated equipment? You use the expression "back up their opinion". This is not evidence sufficient to ensure conviction.

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PostPosted: Wed Oct 20, 2010 15:42 
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GreenShed wrote:
Your opinions are all very interesting but that is where they remain, unfounded opinion.

There is only a requirement for 2 witnesses and the same 2 can, if required I'D the driver if they are able. They can use a speedometer, doesn't have to be type approved, to back up their opinion as CSW do. Some of course do use type approved equipment.

The law is OK with 2 witnesses, it doesn't really matter if you are not happy with that as your opinions are unfounded. Now crack on and say why the law requires a police officer.

As DCB says, I asked first.


You asked first!? You made an unsubstantiated claim, then asked us to disprove it, and that makes it correct? You live in a world of strange logic funny-man!

I disprove your claim by the fact that there is no such case, and I cite as evidence the collected wisdom of mankind, throughout which no record of such a case exists. How else is one supposed to prove that something which did not happen didn't happen?

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PostPosted: Wed Oct 20, 2010 15:47 
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dcbwhaley wrote:
GreenShed wrote:
Incorrect; all that is required is 2 witnesses neither of whom need be a police officer.


It is certainly true in most areas of law that a policeman does not have to witness the crime being perpetrated for a prosecution to be started - there would be even fewer convictions for rape if that were the case. So, if Greenshed is indeed wrong, I think it incumbent on his detractors to quote the appropriate legislation rather than to launch a stupid ad hominem attack on him.


Is this the case for any other strict liability offence? Can two members of the public claiming a driver was drunk have them convicted? (For the less bright; this is a rhetorical question, though I'm half expecting GS to pipe up "yes")

(In case you were wondering, rape isn't strict liability, Google mens rea/actus reus if you need help)

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PostPosted: Wed Oct 20, 2010 16:40 
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GreenShed wrote:
Your opinions are all very interesting but that is where they remain, unfounded opinion.

There is only a requirement for 2 witnesses and the same 2 can, if required I'D the driver if they are able. They can use a speedometer, doesn't have to be type approved, to back up their opinion as CSW do. Some of course do use type approved equipment.

The law is OK with 2 witnesses, it doesn't really matter if you are not happy with that as your opinions are unfounded. Now crack on and say why the law requires a police officer.

As DCB says, I asked first.

You can't prove something happens by categorically denying without proof that claims that it doesn't happen are false (double negatives ahoy!).

Given that I don't know you from Adam, it'll take more than the word of a random anonymous poster to convince me that the police have ever prosecuted anyone on the strength of a single speedwatch ping, when all the other evidence I've seen leads me to the opposing conclusion.

And I'm not sure how I can prove that it has not happened when I have no evidence that it has either.

I'm happy for you to draw the conclusion that it's merely my opinion that no one has ever been prosecuted on the strength of a single speedwatch ping, because that opinion is based on the lack of evidence to the contrary. As I said, prove me wrong.

Saying that it merely takes the opinion of two witnesses again is not the same as saying it has actually happened, if that helps you formulate a reply.


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PostPosted: Wed Oct 20, 2010 16:51 
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RobinXe wrote:
GreenShed wrote:
Your opinions are all very interesting but that is where they remain, unfounded opinion.

There is only a requirement for 2 witnesses and the same 2 can, if required I'D the driver if they are able. They can use a speedometer, doesn't have to be type approved, to back up their opinion as CSW do. Some of course do use type approved equipment.

The law is OK with 2 witnesses, it doesn't really matter if you are not happy with that as your opinions are unfounded. Now crack on and say why the law requires a police officer.

As DCB says, I asked first.


You asked first!? You made an unsubstantiated claim, then asked us to disprove it, and that makes it correct? You live in a world of strange logic funny-man!

I disprove your claim by the fact that there is no such case, and I cite as evidence the collected wisdom of mankind, throughout which no record of such a case exists. How else is one supposed to prove that something which did not happen didn't happen?

Ha ha ha Ho ho ho ...

edited to a suitable size by moderator


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PostPosted: Wed Oct 20, 2010 16:58 
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Johnnytheboy wrote:
Saying that it merely takes the opinion of two witnesses again is not the same as saying it has actually happened, if that helps you formulate a reply.


Nor is saying that a prosecution has never taken place under those circumstances preclude the possibility of it happening in future.

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