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wylee coyote
due to go to court tomorrow on a S 172 no sign case
one of the prosecution witnesses been deployed to bosnia and cannot testify so they want a delay
I have agreed on the basis that idris will have been heard by then
I could have pushed them and trusted on a weakened prosecution argument but on balance I thought this was the best way
How best to proceed ?
should I continue to harrass the cps for the evidence ?
I still have not recieved the video of the origonal speeding offence which they seem not to be proceeding with
should I ask what has happenend to the speeding offence or should I keep mum?
I still have not recieved a substantive answer on the pace letter
should I push some more ?

great site btw it has helped me considerably (so far so good ) smile.gif
The Rookie
If they arn't progressing with speeding yet, keep drawing out the S172 (over 6 months hopefully) this is how my mate got off, as when they went to go for the speeding it was timed out! As for the S172, good luck when they can get around to it!

Simon
wylee coyote
they have "laid papers"on the speeding offence but have not informed me when this might take place while proceeding with the s172 prosecution
when does the speeding time out ?
jeffreyarcher
QUOTE (wylee coyote)
they have "laid papers"on the speeding offence but have not informed me when this might take place while proceeding with the s172 prosecution
when does the speeding time out ?

If they have laid papers, it cannot time out. However, they may well have indulged in some 'abuse of process', and if they ever come after you for the speeding, you may wish to investigate that as a defence, particularly if it's after the six months.
<...> Moreover, an information should be laid with the intention of having the consequent summons served as soon as reasonably possible. Therefore, if the prosecutor has not in fact made his mind up whether to proceed at the time of laying his information but is concerned merely that any possible prosecution should not be out of time, then his conduct amounts to an abuse of the process of the court and the magistrates should stay the proceedings if ultimately he does decide to proceed (Brentford Justices, ex parte Wong [1981] QB 445).
DefaDog
Too right jeffrey - the time limitations are actually written down in the "Code for Crown Prosecutors"

It says that laying infromation before deciding whether or not to prosecute (as in this case - waiting to see if they lose the S172 argument) is an abuse of process.

Suggest you write to the CPS and ask them if they are going to prosecute you for speeding or not. If they reply that "they havent decided" yet, then make a note of the date, ensure you can prove when the charges were laid - thus ensuring that they cannot sand bag you!

Make sure you have a copy of the Code for your own use!
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