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> Useful links to legislation and helpful advice , This article includes links to case law etc.
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This link will take you to the Acts of Parliament page.

LEGAL DEFENCES

Timescale and Postage Requirements
The police are legally obliged to pass on certain correspondence in a certain way and within a certain timescale. If certain criteria are not met, it could invalidate an NIP. Check out this post for a detailed explanation.

Timescales for prosecution
The '6 month rule' that refers to how much time the police have to 'lay the papers' with the CPS for their consideration to prosecute.

Unsure of Driver (Paragraph 4) Defence
If you were usure as to who was driving then this defence should be used. More information on the subject.

The Scottish View
Views on what course of action to take in Scotland, where the rules are different.

<B>LEGISLATION

(i) Section 172 of Road Traffic Act 1991
This is the specific legislation that deals with supplying of information to the police. It places certain demands on recipients of Notices of Intended Prosecution (NIPs). If you fail to comply with an NIP, this is one of the things that the CPS (or Procurator Fiscal) will use against you.

(ii) Road Traffic Offenders Act 1988 and the 1991 amendment
Fairly self explanatory. Specific details further down page.
Schedule 4, Paragraph 85 deals with the Scottish issue of "a signed statement in writing"

(iii) Criminal Procedure and Investigations Act 1996 and the Criminal Procedure (Scotland) Act 1995 and the 2004 amendment.
Amongst other things, it makes clear the position on disclosure of material evidence (7 day rule etc.) for a more descriptive explanation.

(iv) The Attorney Generals Guidelines regarding the disclosure of information in criminal proceedings.

Here is the CPS website that deals with the issue of disclosure of video evidence.

(v) Data Protection Act 1998
If the police get snotty about not releasing video evidence because it contravenes the Data Protection Act, then they should be pointed in the direction of this legislation, 35. - (1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary-

(a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or
(b ) for the purpose of obtaining legal advice,
or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.


(vi) Police and Magistrates' Courts Act 1994

(vii) Section 9. Criminal Justice Act 1967 which defines the legal requirements for witness statements, that are to tendered as evidence in criminal prosecutions.

(viii) Courts and Legal Services Act 1990 - Sections 17 & 18 and Section 27
"...The court can, and sometimes does, permit the assistant to address the court on behalf of the litigant, by making an order to that effect under section 27(2)© of the Courts and Legal Services Act 1990 (by reference to sections 17 and 18 of that Act)..."

(ix) Traffic Signs Regulations and General Directions 2002
Self explanatory. Check out diagrams 1017 and 1018 for how yellow lines on roads should be marked.
Also check out Schedule 17 which deals with illumination of speed limit signs. Or this link for disabled bays.

(x) The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003

(xi) Road Traffic Regulations Act 1984

(xii) Interpretation Act 1978

<B>USEFUL INFORMATION/ADVICE

Magistrate's Guidance
An eye opening document sent out to Magistrate's Courts for guidance in how to "handle" icon_eek.gif alleged speeding offences.

SAFESPEED
Paul Smith's excellent website dedicated to sensible road safety policies

PACE Codes
All the relevant PACE (Police And Criminal Evidence) codes.

Chancery Guide 2002
An excellent guide to "self representation" in high/crown court. Gives advice on "MacKenzie Friends" and so on. MacKenzie Report Full 2005 Chancery Guide (pdf)

Signing Requirements for Speed Limits
The ABD's excellent guide to what makes a speed limit sign legally enforcable.

Magistrates Courts Rules The list of rules incorporated in the Criminal Procedure Rules 2005.

Magistrates Court Guide
Northumbria's excellent guide to the workings of the "impartial" magistrates court. icon_eek.gif Has a virtual tour of a courtroom.

Magistrate's Court Contact Details Self explanatory

CPS website
The impartial CPS.

Procurator Fiscal
For all us Scots!

Scottish District Courts
This is a very useful guide to self representation in a Scottish court, complete with what to do and what not.

ACPO Guidelines for Operational Use of Enforcement Technology - *UPDATED*
PDF File, 110 page guideline. Exhaustive. May take a while to load, but it's a very good document.

Road Traffic Law - Specialist Solicitors
ABD's site. England and Scotland. It does exactly as it says on the tin.

Glossary of Legal Terms
Confused by terms such as prima facie?! Check this site out for concise descriptions.

ABD Speed Camera Map
An excellent nationwide mapping service that lists all known camera sites. At the rate the scameras are going up though, I don't know if it is up to date. rolleyes.gif

Endorsement Guide
A guide to the punishment you can expect based on the speed you were alleged to be travelling at.

<B>CASE LAW SUMMARIES

DPP -v- Cheshire Justices CO/2132/2001, [2002] EWHC 466 ? This judgement can be used to resist the Crown?s application for an adjournment.
Mawdesley v DPP
Mohindra v DPP
DPP v Broomfield
Pickford v Ticehurst
Francis v DPP
Jones v DPP
Flegg v DPP
Brown v Stott - Full ruling. Summary here. An excellent critique of the "self incrimination" debate, on page 7.
Young v Day
Arnold v DPP
R v Calderdale Magistrates Court ex parte Donahue and Cutler
Miller v DPP
Elliott v Loake
Charlebois v DPP
Gibson v Dalton.
Pulton v Leader; Jacob v Garland (summary)
Boss v Measures

ECHR CASES

ECHR Judgments Extensive database on human rights rulings.
Saunders v UK - Saunders maintained self incrimination affected his right to a fair trial and was upheld. (ECHR)
Edwards v UK

Last update: Sat, 3 Jan 2009 - 23:55 by Martyn_Oldman    Created: Fri, 27 Apr 2007 - 08:54 by Fredd    Edits: 4    Views: 13,775
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