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drbloor

Joined:

Dec 11

Posts: 1

drbloor says:

waiting for speeding ban

Hi i got zapped by a mobile camera on 23 march 2012 got the letter asking the usual i admitted it straight away so got another letter saying it was being past on to the law clerks as i was going far to fast but its been six months now and i have heard nothing does anyone know where i stand the waiting is killing me help please !!!

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  • Posted 2 years ago (22 September 2012 08:15)

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tc330

Joined:

Mar 11

Posts: 167

tc330 says:

Statute of limitations

As far as I know, which isn't in any legal or official way, you have to be informed of a charge or court date within 6 months of notifying you of the offence.:unsure:

Fingers crossed that they have decided that it's not in the public interest to pursue the case

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Dabbsy

Joined:

Aug 02

Posts: 494

Dabbsy says:

speeding

Hi there,


You need to hold your breath for a little while longer as it's not six months from the offence. I found this on the web: "Section 127 Magistrates' Court Act 1980 states that for all summary offences the information must be laid within six calendar months of the commission of the offence, except where any other Act expressly provides otherwise.

The following points need to be borne in mind:

  • It is not necessary for the information to be personally received by a justice or by the clerk. It is enough that it is received by a member of his staff impliedly authorised to receive it. In R -v- Pontypridd Juvenile Court ex p B [1988] CLR 842 it was held that an information could be laid by being input into a terminal at a police station of a computer system which was linked to the Court, even though it was not printed out at the Court end until later.
  • In computing the limitation period the day on which the offence was committed is not included.
  • So long as the information is laid within six months, the issue and service of the summons and the subsequent determination may all occur outside that period.
  • Laying an information within the six months' time limit before deciding whether or not to prosecute may result in the proceedings being stayed as an abuse of process; see R -v- Brentford Magistrates' Court ex parte Wong [1981] 1 All ER 884."

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