Help - Search - Members - Calendar
Full Version: Unsigned NIP returned
FightBack Forums > Queries > Speeding and other Criminal Offences
this_sith
I have just had my unsigned NIP returned asking for a signature.

The Avon and Somerset constabulary have quoted the following in their letter

"The requirements under the Criminal Justice Act 1967, s9 and the Magistrates Court Act 1980, ss5a (3A) and 5B, state that where a statement is to be used as evidence in any court proceedings it must be signed at the top to agree with the declaration and signed at the bottom to confirm with the body of the statement."

Does this mean that the loophole has been closed or are they just bluffing with another meaningless quotation?

Any help would be appreciated.
Mika
Hi,

Yes it’s “just bluffing with another meaningless quotation”. icon_redface.gif

This is the whole point of the lacuna in the law, and what they have said is accurate: An unsigned document is not admissible as evidence however, section 172 doesn't require the person who completes the notice to sign it - but at least they have stopped quoting Broomfield. rolleyes.gif

Don’t forget it was CPS Bristol who appealed Broomfield to the High Court so, they should understand applicability (or otherwise :!: ) of the ruling, to an unsigned Form shouldn’t they icon_question.gif icon_eek.gif

Section 172 requires the recipient of the notice to provide "information". This can be extended to name, address, date of birth and even driver licence number as all these are "information". A signature is not information. On the contrary if it is illegible it is the opposite of information.

You may wish to write to them requesting clarification icon_wink.gif , and I would suggest that you use Special Delivery: icon_idea.gif
+++++
Dear *****,

Re: Motor Vehicle Registration – *****

Thank you for your letter dated ****** 2003.

I am sorry that I feel I must write to you once again as I do not believe the substantive issue has been addressed.

I acknowledge you statement that "The requirements under the Criminal Justice Act 1967, s9 and the Magistrates Court Act 1980, ss5a (3A) and 5B, state that where a statement is to be used as evidence in any court proceedings it must be signed at the top to agree with the declaration and signed at the bottom to confirm with the body of the statement."

However, section 172 (2) of the Road Traffic Act 1988 requires the recipient of the notice to provide "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". A signature is not information. On the contrary if it is illegible it is the opposite of information.

I am of course keen to comply with all legal obligations, but do not wish to sign the Form.

I should be grateful if you would advise exactly where in law it states that there is an obligation to sign the Form, and I will be pleased to comply.

Yours sincerely
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.