Arrested for speeding 5 months ago, 5 days before voluntary interview |
Arrested for speeding 5 months ago, 5 days before voluntary interview |
Sun, 21 Jan 2018 - 11:17
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#1
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Member Group: Members Posts: 28 Joined: 21 Jan 2018 Member No.: 96,073 |
Hi All,
Not sure if this is the correct forum for this question but hopefully someone can advise me. I was arrested for speeding last week (alleged offence was 5 months ago) 5 days before my voluntary interview which had been scheduled 6 weeks earlier. I was woken by a bang on my door at 8am on Saturday morning and greeted to 6 officers (5 male and 1 female). They arrested me and took me to the police station leaving 4 officers to search my house and sheds. They removed my car and still have it to photograph it. Just wanted to know if this is usual as I have had a clean license for 20 years and dispute the offence, I have also never been in trouble with the police before. I have been advised that it was a unlawful arrest due to my agreed interview that was happening 5 days later. Cheers in advance |
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Sun, 21 Jan 2018 - 11:17
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Thu, 1 Feb 2018 - 20:07
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#81
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Member Group: Members Posts: 353 Joined: 19 Dec 2017 Member No.: 95,634 |
The rules for disclosure of evidence are set out in the CrPR.
https://www.justice.gov.uk/courts/procedure...losure-2015.pdf |
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Thu, 1 Feb 2018 - 21:23
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#82
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
You can get the evidence earlier by asking for the initial details of the prosecution case, the relevant rules are here
https://www.justice.gov.uk/courts/procedure...015-part-08.pdf -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Thu, 1 Feb 2018 - 22:11
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#83
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Member Group: Members Posts: 353 Joined: 19 Dec 2017 Member No.: 95,634 |
You can get the evidence earlier by asking for the initial details of the prosecution case, the relevant rules are here https://www.justice.gov.uk/courts/procedure...015-part-08.pdf The CPS usually serves it at court, if you are lucky. I have seen how shambolic they can be. One case I helped with the barrister left the papers on the bus. |
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Thu, 1 Feb 2018 - 22:25
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#84
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
You can get the evidence earlier by asking for the initial details of the prosecution case, the relevant rules are here https://www.justice.gov.uk/courts/procedure...015-part-08.pdf The CPS usually serves it at court, if you are lucky. I have seen how shambolic they can be. One case I helped with the barrister left the papers on the bus. Well yes, what the CPS usually does and what the court rules say the CPS must do are two different things. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Thu, 1 Feb 2018 - 23:02
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#85
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Member Group: Members Posts: 28 Joined: 21 Jan 2018 Member No.: 96,073 |
You can get the evidence earlier by asking for the initial details of the prosecution case, the relevant rules are here https://www.justice.gov.uk/courts/procedure...015-part-08.pdf Cheers I will request that tomorrow and hope for the best. Is it always the CPS in court? I only ask as the 'charges' letter has come from the Police station I was taken to when arrested and signed off by Criminal Justice Inspector onsite. |
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Thu, 1 Feb 2018 - 23:12
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#86
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
You can get the evidence earlier by asking for the initial details of the prosecution case, the relevant rules are here https://www.justice.gov.uk/courts/procedure...015-part-08.pdf Cheers I will request that tomorrow and hope for the best. Why are you going to do that if you have a lawyer? Leave it to them. -------------------- 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. |
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Thu, 1 Feb 2018 - 23:15
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#87
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Member Group: Members Posts: 28 Joined: 21 Jan 2018 Member No.: 96,073 |
You can get the evidence earlier by asking for the initial details of the prosecution case, the relevant rules are here https://www.justice.gov.uk/courts/procedure...015-part-08.pdf Cheers I will request that tomorrow and hope for the best. Why are you going to do that if you have a lawyer? Leave it to them. Just trying to save time as I can't see lawyer till next Thursday and court case is 28th of Feb. I have already got my custody record and collecting my recorded interview tomorrow. |
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Thu, 1 Feb 2018 - 23:58
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#88
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Just trying to save time as I can't see lawyer till next Thursday and court case is 28th of Feb. I have already got my custody record and collecting my recorded interview tomorrow. The 28th is presumably just for plea. I’d not be too concerned about it. Your lawyer will need to do you a defence statement in any case (assuming this is the PCOJ matter). If it’s the speeding only then it’ll still only be for plea. This post has been edited by southpaw82: Fri, 2 Feb 2018 - 00:01 -------------------- 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. |
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Fri, 2 Feb 2018 - 00:53
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#89
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
QUOTE (Justy) They have removed my camera system probably to check if there was evidence to help them, hopefully when they see I don't drive the road in question they will see I am being truthful. Ask for everything from camera to be copied to you. Police will be looking for anything that puts you at the scene of incidents with the photographed car. Nice to think that they will take note of anything that refutes you being there but...... |
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Fri, 2 Feb 2018 - 14:41
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#90
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Member Group: Members Posts: 291 Joined: 12 Jan 2013 Member No.: 59,321 |
Not sure if it's been mentioned before in this thread buy is the OP using a smart phone with Google Maps and history enabled?
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Sat, 3 Feb 2018 - 00:35
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#91
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Member Group: Members Posts: 452 Joined: 25 Mar 2009 Member No.: 27,300 |
Not sure if it's been mentioned before in this thread buy is the OP using a smart phone with Google Maps and history enabled? I think it might have been mentioned - but a good reminder nonetheless! To add to this, what about "due diligence" a la S.172 enquiries? Does the OP have any records of emails sent around the salient time on the date of the alleged offence (placing them at home or - at the least - not driving)? Mobile calls made at the date and time alleged (they were phoning, not driving...)? Landline calls made (they were at home)? Online browsing (not driving...)? Online purchases (again, online not driving)? (S)he has said they tend to be at home in the early evening... Or were any financial transactions (ATM, fuel purchases, cash withdrawals, shopping receipts, cinema ticket receipts etc) made using a debit or credit card around the time in question, which place the OP away from the alleged event? I am assuming any dashcam footage has long since evaporated and wasn't saved weekly... Simply, is there any way the OP can prove they were elsewhere to the alleged offence?? (I hope no-one has asked this already .) I can't help thinking this story is holier than the Pope, especially with no evidence submitted to the OP yet... Are we talking GMP? |
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Sat, 3 Feb 2018 - 16:23
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#92
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Member Group: Members Posts: 28 Joined: 21 Jan 2018 Member No.: 96,073 |
Cheers for advice.
I have requested itemised phone bills and will be checking bank statements and purchases online. So far I can only find I was Whatsapping with my brother @18.55 so no real help and an email from a friend @18.43 but no proof that I read it or responded to it straight away. I really believe I was at home as I was going to Bristol with family the day after so was checking my new suit fitted and packing as I was going to a family wedding for the weekend. It is Cheshire Police |
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Sat, 3 Feb 2018 - 16:35
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#93
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Member Group: Members Posts: 951 Joined: 17 Aug 2010 Member No.: 39,849 |
My defence from the very start to the police was it was a cloned car so they are trying to build a case for perverting the course of justice. I really believe I was at home as I was going to Bristol with family the day after so was checking my new suit fitted and packing as I was going to a family wedding for the weekend. It is Cheshire Police Without wishing to appear unhelpful or cynical, but am I the only one who can hear alarm bells ringing? |
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Sat, 3 Feb 2018 - 19:23
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#94
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Member Group: Members Posts: 28 Joined: 21 Jan 2018 Member No.: 96,073 |
My defence from the very start to the police was it was a cloned car so they are trying to build a case for perverting the course of justice. I really believe I was at home as I was going to Bristol with family the day after so was checking my new suit fitted and packing as I was going to a family wedding for the weekend. It is Cheshire Police Without wishing to appear unhelpful or cynical, but am I the only one who can hear alarm bells ringing? Everyone is entitled to there opinion if I am guilty or not. I know I am innocent and will do everything I can to prove it but will not lie to do this. It was my cousins wedding and both of my cars were left on my drive as we went down in my dads and brothers cars. |
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Sun, 4 Feb 2018 - 10:11
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#95
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
If you have a phone with Whatsapp as has been suggested check either Google Locate or whatever the Apple version is. By default it records a fairly detailed record of your movements pieced together from GPS, Wi-Fi and mobile networks which should place at least your phone at home.
This is your number one piece of evidence at this stage if there are no other records. I don't think any of us can give much better advice than "check this now". |
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Sun, 4 Feb 2018 - 11:00
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#96
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Member Group: Members Posts: 294 Joined: 8 Oct 2007 Member No.: 14,341 |
If you have a phone with Whatsapp as has been suggested check either Google Locate or whatever the Apple version is. By default it records a fairly detailed record of your movements pieced together from GPS, Wi-Fi and mobile networks which should place at least your phone at home. This is your number one piece of evidence at this stage if there are no other records. I don't think any of us can give much better advice than "check this now". You don't even need whatsapp installed, provided you are signed into the Android device and have the location facility enabled. Just pick and desktop PC/Laptop and go to Google Maps, From the top left hand menu button on the map screen, select "Timeline" and take it from there, entering gmail account and password as requested. Google Timeline |
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Sun, 4 Feb 2018 - 11:03
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#97
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
The point I was making is that it is a smartphone, not that Whatsapp is needed.
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Sun, 4 Feb 2018 - 11:09
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#98
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Member Group: Members Posts: 294 Joined: 8 Oct 2007 Member No.: 14,341 |
The point I was making is that it is a smartphone, not that Whatsapp is needed. I appreciate that, but it would be a shame if the OP, or someone else reading this thread, didn't check out something pertinent to their circumstances, purely because they don't have Whatsapp. (not everyone is as tech savvy as you or me.) It works out both ways of course, someone may be lulled into a false sense of security, thinking they can't be placed somewhere at a given time. |
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