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Arrested for speeding 5 months ago, 5 days before voluntary interview
justy
post Sun, 21 Jan 2018 - 11:17
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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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post Sun, 21 Jan 2018 - 11:17
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4101
post Thu, 1 Feb 2018 - 20:07
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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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cp8759
post Thu, 1 Feb 2018 - 21:23
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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


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4101
post Thu, 1 Feb 2018 - 22:11
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QUOTE (cp8759 @ Thu, 1 Feb 2018 - 21:23) *
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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cp8759
post Thu, 1 Feb 2018 - 22:25
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QUOTE (4101 @ Thu, 1 Feb 2018 - 22:11) *
QUOTE (cp8759 @ Thu, 1 Feb 2018 - 21:23) *
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.


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justy
post Thu, 1 Feb 2018 - 23:02
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QUOTE (cp8759 @ Thu, 1 Feb 2018 - 21:23) *
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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southpaw82
post Thu, 1 Feb 2018 - 23:12
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QUOTE (justy @ Thu, 1 Feb 2018 - 23:02) *
QUOTE (cp8759 @ Thu, 1 Feb 2018 - 21:23) *
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.


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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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justy
post Thu, 1 Feb 2018 - 23:15
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QUOTE (southpaw82 @ Thu, 1 Feb 2018 - 23:12) *
QUOTE (justy @ Thu, 1 Feb 2018 - 23:02) *
QUOTE (cp8759 @ Thu, 1 Feb 2018 - 21:23) *
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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southpaw82
post Thu, 1 Feb 2018 - 23:58
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QUOTE (justy @ Thu, 1 Feb 2018 - 23:15) *
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


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DancingDad
post Fri, 2 Feb 2018 - 00:53
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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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Colin_S
post Fri, 2 Feb 2018 - 14:41
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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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Fleagle
post Sat, 3 Feb 2018 - 00:35
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QUOTE (Colin_S @ Fri, 2 Feb 2018 - 15:41) *
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! thumbsup.gif

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 laughing7.gif .)

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? wink.gif
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justy
post Sat, 3 Feb 2018 - 16:23
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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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baggins1234
post Sat, 3 Feb 2018 - 16:35
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QUOTE (justy @ Sun, 21 Jan 2018 - 11:47) *
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.


QUOTE (justy @ Sat, 3 Feb 2018 - 16:23) *
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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justy
post Sat, 3 Feb 2018 - 19:23
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QUOTE (baggins1234 @ Sat, 3 Feb 2018 - 16:35) *
QUOTE (justy @ Sun, 21 Jan 2018 - 11:47) *
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.


QUOTE (justy @ Sat, 3 Feb 2018 - 16:23) *
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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notmeatloaf
post Sun, 4 Feb 2018 - 10:11
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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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bill w
post Sun, 4 Feb 2018 - 11:00
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QUOTE (notmeatloaf @ Sun, 4 Feb 2018 - 10:11) *
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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notmeatloaf
post Sun, 4 Feb 2018 - 11:03
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The point I was making is that it is a smartphone, not that Whatsapp is needed.
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bill w
post Sun, 4 Feb 2018 - 11:09
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QUOTE (notmeatloaf @ Sun, 4 Feb 2018 - 11:03) *
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. wink.gif
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