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rsv1000
Split from 6 Month Rule Explained.
jeffreyarcher
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This timeout after 6months is not quite correct.

You may not get a summons in 6 months but as long as it has been given to the court prior to the deadline you can receive a summons at any time.

I got mine nearly 3 weeks after the deadline was up?
jeffreyarcher
QUOTE (rsv1000)
This timeout after 6months is not quite correct.
You may not get a summons in 6 months but as long as it has been given to the court prior to the deadline you can receive a summons at any time.
I got mine nearly 3 weeks after the deadline was up?

Correct, and that is what Firefly's post says.
Although, if you only read the five line summary at the end, rather than the whole post, you would come to the conclusion that you seemed to.
rsv1000
QUOTE (jeffreyarcher)
Correct, and that is what Firefly's post says.
Although, if you only read the five line summary at the end, rather than the whole post, you would come to the conclusion that you seemed to.


I did read the whole post and noticed the lay it with court at the top, I just thought that the summary might give people the impression that if they received nothing in 6 months that was it rather than needing to check with the court.
jeffreyarcher
QUOTE (rsv1000)
I did read the whole post and noticed the lay it with court at the top, I just thought that the summary might give people the impression that if they received nothing in 6 months that was it rather than needing to check with the court.

Sorry, I take your point. Is that better?
oh dear
It isnt mentioned in the source section what applies in the case of a Verbal NIP.  I have 9pts and got caught again(!) I had a verbal NIP, then got a COFP letter 8 weeks later (Which there was no action to be taken in the event of 9pts)... does this indicate the files have been laid?

PS its in Scotland....
jeffreyarcher
QUOTE (oh dear)
It isnt mentioned in the source section what applies in the case of a Verbal NIP.

That is because it is irrelevent. It is the date of the offence which counts, not the date of the NIP. Even if it was the date of the NIP (which it isn't), why would it make a difference if it was verbal rather than written?

QUOTE (oh dear)
I have 9pts and got caught again(!) I had a verbal NIP, then got a COFP letter 8 weeks later (Which there was no action to be taken in the event of 9pts)... does this indicate the files have been laid?

Not of itself; it is theoretically possible, although in practice inconceivable, that they will just bin it.

QUOTE (oh dear)
PS its in Scotland....

The linked explanation does not apply. In Scotland, the pleading diet must be within six months of the offence.
The pleading diet is the first court session; the one where you plead guilty / not guilty, even if the plea is enterd by post.
The timescale is therefore tighter than in England.
andy_foster
QUOTE (oh dear)
It isnt mentioned in the source section what applies in the case of a Verbal NIP.  I have 9pts and got caught again(!) I had a verbal NIP, then got a COFP letter 8 weeks later (Which there was no action to be taken in the event of 9pts)... does this indicate the files have been laid?

PS its in Scotland....


The 6 month rule is the same whether you got an NIP through the post, a verbal NIP, or no NIP at all.

The 6 month rule is different if the alleged offence was in Scotland though.
Rather than an information having to be laid within the 6 months, I believe the pleading diet (first hearing) must be within the 6 months.
andy_foster
QUOTE (oh dear)
It isnt mentioned in the source section what applies in the case of a Verbal NIP.  I have 9pts and got caught again(!) I had a verbal NIP, then got a COFP letter 8 weeks later (Which there was no action to be taken in the event of 9pts)... does this indicate the files have been laid?

PS its in Scotland....


The 6 month rule is the same whether you got an NIP through the post, a verbal NIP, or no NIP at all.

The 6 month rule is different if the alleged offence was in Scotland though.
Rather than an information having to be laid within the 6 months, I believe the pleading diet (first hearing) must be within the 6 months.

A summons indicates that an information has been laid. Having received a COFP x weeks after the alleged offence only indicates that you received a COFP x weeks after the alleged offence, and an information cannot be laid until at least 28 days after the COFP was issued.


edit: JeffreyArcher has just updated the 6 month post here to include the Scottish rules.
oh dear
Thanks for the clarification Jeffreyarcher & andy_foster...

I'll wait on and pray for a dislecxic court staff chap to blow his nose on it and bin it by accident (LOL!!)..

Quite scary when ou see the amount of people actually seeking help on here - hints at why the Police can afford new shiny Volvo's, Merc and BMW's!!!

Cheers
firefly
QUOTE (oh dear)
I'll wait on and pray for a dislecxic court staff chap <...>

<Coughs>.  :shock:
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