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Court summons time limit, Time limit for summons after NIP
Basher07
post Tue, 17 Jul 2018 - 08:37
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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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post Tue, 17 Jul 2018 - 08:37
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BaggieBoy
post Tue, 17 Jul 2018 - 08:45
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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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Kickaha
post Tue, 17 Jul 2018 - 08:47
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If he wants meaningful advice he should post himself.
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Jlc
post Tue, 17 Jul 2018 - 08:48
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QUOTE (Basher07 @ Tue, 17 Jul 2018 - 09:37) *
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.


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Basher07
post Tue, 17 Jul 2018 - 09:01
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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?

QUOTE (Jlc @ Tue, 17 Jul 2018 - 09:48) *
QUOTE (Basher07 @ Tue, 17 Jul 2018 - 09:37) *
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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seank
post Tue, 17 Jul 2018 - 09:24
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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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Basher07
post Tue, 17 Jul 2018 - 09:28
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Ah thank you, that makes sense. I think he's out of luck then. Thank you all for your assistance
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Redivi
post Tue, 17 Jul 2018 - 09:34
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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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southpaw82
post Tue, 17 Jul 2018 - 09:45
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QUOTE (seank @ Tue, 17 Jul 2018 - 10:24) *
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.


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Kickaha
post Tue, 17 Jul 2018 - 12:19
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QUOTE (Basher07 @ Tue, 17 Jul 2018 - 10:01) *
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?

QUOTE (Jlc @ Tue, 17 Jul 2018 - 09:48) *
QUOTE (Basher07 @ Tue, 17 Jul 2018 - 09:37) *
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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The Rookie
post Tue, 17 Jul 2018 - 12:53
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QUOTE (Kickaha @ Tue, 17 Jul 2018 - 13:19) *
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).


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cp8759
post Fri, 20 Jul 2018 - 23:21
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QUOTE (southpaw82 @ Tue, 17 Jul 2018 - 10:45) *
QUOTE (seank @ Tue, 17 Jul 2018 - 10:24) *
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.


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southpaw82
post Sat, 21 Jul 2018 - 12:43
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Possibly, I’m just relying on Blackstones, or at least my recollection of it.


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