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Norfolk S 172 Convictions Unsafe
post Sat, 21 May 2005 - 09:55
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Group: Administrators
Posts: 9,760
Joined: 30 Mar 2003
From: Wiltshire, UK
Member No.: 4

Earlier this week, one of members, Mike Cutting’s S 172 prosecution was dropped in a Norfolk Magistrates’ Court and this link has more details.

In Court Mike showed that the S 172 requests had not been made lawfully, which means that there could have been countless, unsafe convictions in Norfolk.

Statute is quite clear on this point - Section 172 (2) provides:

“Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—

(a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and”

Therefore, it must be clear from that outset that the request is being made on or on behalf of the chief of police and this is not the case in Norfolk.

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