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Anyone had any experience of a formal complaint against CPS?
GBSIG
post Thu, 4 Oct 2007 - 21:01
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I passed a camera van in Derbyshire last October (2006 apparently at 38 in a 30). Received NIP, sent PACE witness statement got Derbyshire police letter saying "caution unnecessary" and fixed penalty notice saying "We have evidence that you were the driver...."

Ignored all that and in April got summons for speeding & S172! I wrote to CPS (copy Chief Constable & Court, all special delivery) challenged S172 citing Middleton v Bath and advised I would require full disclosure of evidence including, but not limited to full session tape, certificate of calibration and a copy of the type approval. No response. In June got a letter from CPS saying they had asked for postponement as PC going on a motorbike course. I wrote back (copies and special delivery again) expressing disappointment at lack of a response to my letter and suggesting that responding to my letter might save the court a lot of time. Again no reply.

Went to court this week. 30 mins before case the PC turned up carrying a video and looking for CPS!

The usher asked how I intended to plead and I told her that I wanted to talk to CPS lawyer as they hadn't replied to my letters.

CPS lawyer then came out and produced an alleged copy of a reply dated 22nd June from CPS to me saying they hadn't heard of Middleton v Bath and enclosing a copy of a calibration certificate which had been faxed by Police. Oddly the corner of the fax had been torn off so removing the date of the fax, but on one page the last letter of the month appeared. It was a "Y"! This fax presumably wasn' sent in June so had either been on file since May or was sent in July! Odd since it supported a letter dated June responding to my letter dated April or reminder dated June.

In any case I had not received the letter. It also has other anomalies in it.

On entering court the Clerk relayed to me an offer to drop one charge if I pleaded guilty to the other. Given that everyone had turned up with what was presumably the video and that they had some kind of answer to the fact that I hadn't had any reply there seemed little likelihood of an acquital and I couldn't really justify the time off for an adjournment so I pleaded guilty to speeding. £80 fine and 3 points, £35 costs. Not too bad and at least it won't go to the camera partnership.

I feel pretty miffed that they pulled this letter out of the hat and reasonably sure that a competent enquiry would see through the anomalies but I'm not looking to change the outcome, just to rebuild faith in justice system.

Has anyone succesfully pursued a complaint against CPS?
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post Thu, 4 Oct 2007 - 21:01
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davepoth
post Mon, 8 Oct 2007 - 19:53
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QUOTE (GBSIG @ Thu, 4 Oct 2007 - 22:01) *
I feel pretty miffed that they pulled this letter out of the hat and reasonably sure that a competent enquiry would see through the anomalies but I'm not looking to change the outcome, just to rebuild faith in justice system.

Has anyone succesfully pursued a complaint against CPS?



You shouldn't have pleaded guilty, just by waving middleton v bath in their face in the courtroom the whole thing would have fallen around their ears. As regards complaining, I will be having a go as soon as I have received my costs (I have a thread in the "Case Files" section.


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Quattro
post Mon, 8 Oct 2007 - 20:16
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QUOTE (GBSIG @ Thu, 4 Oct 2007 - 22:01) *
Has anyone succesfully pursued a complaint against CPS?


I made a complaint against the camera operator in my case as he was clearly lying.

That was 2 years ago and it is still going on.

The Police, IPCC (independant my ass), HMIC, PM's Office, and others have closed ranks are are just ignoring obvious evidence against the operator.

In your shoes I would make your complaint and keep chasing it until you get justice, but don't expect it to happen quickly and don't let it take over your life as it certainly could.

Click on the link in my signature for the story of my complaint; will soon be updated with letters toing and froing from the PCC, PM's office etc.

This post has been edited by Quattro: Mon, 8 Oct 2007 - 20:16


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The devices referred to in this Code of Practice, although the subject of rigorous field and laboratory testing, are only as reliable as the user. Richard Brunstrom. - Now that is worrying!

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viper
post Tue, 9 Oct 2007 - 12:07
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I had complaint against CPS some years ago. Response you get seems to be very much area dependent. Consider involving your local MP if they are refusing to address your complaint or using unreasonable delaying tactics


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