Speeding NIP Scotland |
Speeding NIP Scotland |
Sun, 18 Aug 2019 - 14:48
Post
#1
|
|
Member Group: Members Posts: 62 Joined: 19 Feb 2018 Member No.: 96,631 |
Can anybody help - what are my options with this? Have just arrived home today after holiday to find this. Not only did they send it out quickly but I have been away for 2 weeks so have not had time to look at options - if there are any?
I have not replied to anything yet. I was driving and possibly doing that speed but can't say for certain. What happens if I return the form and say I was driving? I don't live in Scotland and am 250 miles away. |
|
|
Advertisement |
Sun, 18 Aug 2019 - 14:48
Post
#
|
Advertise here! |
|
|
|
Tue, 20 Aug 2019 - 15:17
Post
#21
|
|
Member Group: Members Posts: 3,300 Joined: 17 Jun 2011 Member No.: 47,602 |
Section 12 of the RTOA imposes no obligation on the recipient of the s 172 notice. Therefore, one cannot simply say that s 12 says it must be signed therefore he must sign it. It must be signed in order to be admissible evidence under s 12. So far as I recall, the English courts have decided that a requirement to sign the s 172 response is a lawful requirement when made by or on behalf of a Chief Officer of Police. The courts in Scotland have not made such a ruling. For what it’s worth, I think the decision would be the same in Scotland if it was ever necessary for the courts to make such a decision but it is not correct to say that it is the law in Scotland at this time - only that it might be. Why are the Scots not bound by the Francis and O'Halloran case decided in Europe? Did that not accept that the S172 was not correctly completed unless it was signed? I can find no reference to that in the judgement. https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-81359%22]} |
|
|
Tue, 20 Aug 2019 - 15:32
Post
#22
|
|
Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Why are the Scots not bound by the Francis and O'Halloran case decided in Europe? Did that not accept that the S172 was not correctly completed unless it was signed? No, it didn’t. In any case, the ECtHR has no jurisdiction to interpret domestic legislation, merely to determine issues arising out of the ECHR. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
|
|
Tue, 20 Aug 2019 - 23:50
Post
#23
|
|
Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
Why are the Scots not bound by the Francis and O'Halloran case decided in Europe? Did that not accept that the S172 was not correctly completed unless it was signed? No, the case that decided that was an English one, Francis v DPP and therefore not a precedent under Scottish law. Andrew Perry will help you with these tricky points. -------------------- |
|
|
Tue, 27 Aug 2019 - 08:58
Post
#24
|
|
Member Group: Members Posts: 62 Joined: 19 Feb 2018 Member No.: 96,631 |
So, In a nutshell, I cannot expect English law to apply in Scotland, and viceversa. So the only action realistically would be the Scottish Police making a request of the local English force? And that would simply be to ask me to sign the form?
Why does the form ask for occupation and am I obliged to fill this in? |
|
|
Tue, 27 Aug 2019 - 10:28
Post
#25
|
|
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Scotland has a separate legal system, much of the law is the same though.
Section 172 is identical for Scotland and England (and Wales) but Francis is English case law which set an interpretation on Section 172 that applies in England and Wales, the Scottish legal system has as yet created no interpretation on the matter either way. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
|
|
Lo-Fi Version | Time is now: Thursday, 28th March 2024 - 19:41 |