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abc123
I got caught by a mobile camera (in the back of a van), admitted driving, now I've got the fixed penalty offer.
I heard that if you stick out for you right to have the video they can't give it to you if it shows other "transgressors" on it - by order of some European ruling, and yet they must let you have the evidence. So they are stuck, and this results in "case dismissed."
How true is this? Anyone had any direct experience of this?
What is the signficance of the word "transgressor"?

Thanks
Odd Job
See Disclosure as this thread covers the question you are asking regarding the video evidence.
Divbad
"Transgressors" means "other people who dunnit too"

You might have an argument that you were singled out, and the video might well show other offenders who the police did not catch; so the question "Why pick on me?" would have some standing.

The Data Protection Act might cover CCTV and other videos, but there might be some general "public interest" clause that exempts the police from DPA. Under DPA, you get all sorts of rights - and so do the other people on tape.
abc123
Thanks

Given that it was a mobile in a van, back in January, do we know what type of camera it would have been? and will knowing that help me? Presuably it's a video and not stills?
Blackbird
QUOTE
You might have an argument that you were singled out....
Extract from CPS web site

QUOTE
Quote:
Disclosure of video recorded evidence. The video film on which evidence is recorded of an incident is a document for the purposes of the Magistrates Court (Advance Information) Rules 1985. The Divisional Court in the case of< R. -v- Calderdale Magistrates Court ex parte Donahue and Cutler 2001 Crim L.R. 141 > has held that there is a duty on the Prosecution to disclose on request by the Defence a copy of any video recording forming part of the prosecution case prior to plea before venue being considered.


ref the ‘DATA PROTECTION ACT’

QUOTE
The Data Protection Act 1998 S35
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.


Best Regards
jimmy ferrari
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This is a case from the ECHR so should be abided by the british legal system :!:

Edwards V UK

The important part is at the bottom under comment.
Which says:-
Comment: All the members of the Court were in agreement that the prosecution must disclose to the defence all material evidence for or against an accused if there is to be a fair trial.
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