Court summons time limit, Time limit for summons after NIP |
Court summons time limit, Time limit for summons after NIP |
Tue, 17 Jul 2018 - 08:37
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#1
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New Member Group: Members Posts: 3 Joined: 17 Jul 2018 Member No.: 98,927 |
A relative was caught doing 101 on the M25 in January, he received the NIP within 14 days and sent it back within the time limit but has only just got his court summons after approx. 7 moths to appear on 10 Aug at
Surrey Magistrates court. Isn't there a 6 month time limit to receive the summons or is this only if you are stopped by a police officer? |
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Tue, 17 Jul 2018 - 08:37
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Tue, 17 Jul 2018 - 08:45
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#2
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Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
Sometime in January to sometime in July is 6 months not 7. What was the date of the alleged offence and what date was the summons (more likely a Single Justice Notice) was raised.
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Tue, 17 Jul 2018 - 08:47
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#3
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Member Group: Members Posts: 2,389 Joined: 10 Jun 2010 Member No.: 38,126 |
If he wants meaningful advice he should post himself.
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Tue, 17 Jul 2018 - 08:48
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#4
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Isn't there a 6 month time limit to receive the summons or is this only if you are stopped by a police officer? The 6 months limit is irrespective to how the offence was detected. The prosecution has to commence within 6 months - it probably did. -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Tue, 17 Jul 2018 - 09:01
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#5
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New Member Group: Members Posts: 3 Joined: 17 Jul 2018 Member No.: 98,927 |
I got that wrong, it was before Christmas last year so it's 7 month or more. the details shouldn't be important, I just wanted to know if there was a 6 month time limit or not. An regarding the post about my relative asking himself, is there a rule about asking for someone else or is this one of those forums where people score points rather than offering help?
Isn't there a 6 month time limit to receive the summons or is this only if you are stopped by a police officer? The 6 months limit is irrespective to how the offence was detected. The prosecution has to commence within 6 months - it probably did. Is this the date he received the summons to court then as this is definitely over 7 months since he returned the NIP!? |
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Tue, 17 Jul 2018 - 09:24
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#6
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Member Group: Members Posts: 398 Joined: 15 Apr 2013 Member No.: 61,183 |
The Police have 6 months to "lay an information" at court. This means they tell the court about the offence. It then takes as long as necessary.
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Tue, 17 Jul 2018 - 09:28
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#7
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New Member Group: Members Posts: 3 Joined: 17 Jul 2018 Member No.: 98,927 |
Ah thank you, that makes sense. I think he's out of luck then. Thank you all for your assistance
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Tue, 17 Jul 2018 - 09:34
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#8
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
The police have six months to lay the prosecution with the court
This can be as simple as entering the details into a computer terminal linked to the court That date will be on the summons They often wait until two or three days before the deadline In England and Wales, the summons may not be received until a month later IIRC there is a different procedure with a deadline if the summons says that it's for a summary trial to be decided on the papers without a hearing but I don't know the details The reason your relative should post himself is to avoid the Chinese Whispers when you don't have the essential details As a more direct member usually puts it Send three and fourpence, we're going to a dance |
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Tue, 17 Jul 2018 - 09:45
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#9
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
The Police have 6 months to "lay an information" at court. This means they tell the court about the offence. It then takes as long as necessary. The police have no power to lay an information any more. They must use the written charge procedure followed by a requisition or single justice procedure notice. I doubt the OP’s friend has received a summons (but you never know) - which is why it is good for the person to post directly and also why the details are, in fact, important. -------------------- 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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Tue, 17 Jul 2018 - 12:19
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#10
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Member Group: Members Posts: 2,389 Joined: 10 Jun 2010 Member No.: 38,126 |
I got that wrong, it was before Christmas last year so it's 7 month or more. the details shouldn't be important, I just wanted to know if there was a 6 month time limit or not. An regarding the post about my relative asking himself, is there a rule about asking for someone else or is this one of those forums where people score points rather than offering help? Isn't there a 6 month time limit to receive the summons or is this only if you are stopped by a police officer? The 6 months limit is irrespective to how the offence was detected. The prosecution has to commence within 6 months - it probably did. Is this the date he received the summons to court then as this is definitely over 7 months since he returned the NIP!? There is no rule and I was not trying to "score points", what I gave was good advice. I have seen lots of threads where the wrong advice was given due to the op not having the full facts. Just to clarify, the summons is for speeding only? |
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Tue, 17 Jul 2018 - 12:53
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#11
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Member Group: Members Posts: 56,194 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Just to clarify, the summons is for speeding only? WE need to know if its a summons (almost certainly not), postal requisition (unlikely) or an SJPN. The Charge certificate has to be issued within 6 months (has a date on it), when it is then served on the defendant (on current application of the law and acknowledging there is some discussion on the matter) is largely irrelevant unless its grossly late (which this isn't). -------------------- 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 |
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Fri, 20 Jul 2018 - 23:21
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#12
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
The Police have 6 months to "lay an information" at court. This means they tell the court about the offence. It then takes as long as necessary. The police have no power to lay an information any more. They must use the written charge procedure followed by a requisition or single justice procedure notice. I doubt the OP’s friend has received a summons (but you never know) - which is why it is good for the person to post directly and also why the details are, in fact, important. I thought we'd established section 29(4) of the CJA 2003 is yet to be brought into force? Saying that, it's hard to see why any police force would bother with the old method anyway. -------------------- 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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Sat, 21 Jul 2018 - 12:43
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#13
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Possibly, I’m just relying on Blackstones, or at least my recollection of it.
-------------------- 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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