Help - Search - Members - Calendar
Full Version: Entrapment?
FightBack Forums > Queries > Speeding and other Criminal Offences
Tony C
So...got caught speeding by mobile trap 47 in a 30. I know, I know slap on the wrist but I am just wondering if there are any legalities that state that you must be given fair notice of speed traps or is this just a myth? Could it be considered entrapment for financial gain if the enforcer is stood at the side of the road in black (no high-vis) with gun. When she gets you the traffic cop in high-vis suddenly appears from nowhere in middle of the road to pull you over and give you a ticket. Marked cars parked well out of the way in car park so not visible from road, in fact not visible until you drive into the car park.

Any advice appreciated.
glasgow_bhoy
No need for any notice at all sadly. Unless you deny speeding at all, its as well taking the fixed penalty.
peterguk
No warning or fairy lights necessary. So no entrapment, just plain and simple caught.
Logician
Entrapment actually means the police encouraging a person to commit an offence they would not otherwise have committed, so unless an officer was encouraging you to speed, there is no entrapment. The police can be as devious as they like in detecting crime in the process of being committed, including for instance the notorious North Wales horsebox.
The Rookie
In UK law we don't have the same entrapment concept as the US, even if we did it's hard to see how in the circumstances you describe the police in some way encouraged you to speed isn't it?

How does the 'enforcer' get personal gain anyway?

You seem to have lots of rumours and half truths as sources of information and no facts.
ict_guy
Entrapment? Not unless there was a policeman holding a sign just before the speed trap telling you to speed up a bit rolleyes.gif
TailEndCharlie
As above, whatever you have heard about 'entrapment', do not rely upon it as a defence. The reason the police officer 'leaps out' from the roadside is usually so that those motorists guilty of the alleged excess 'speedery' (I love that word) cannot turn off or U-turn before they are dealt with, thus denying themselves the opportunity to swap pleasantries with a charismatic Black Rat.
Tony C
OK maybe entrapment wasn't the best choice of word...
Tony C
Can anybody tell me if there is a time limit to receiving an NIP through the post after getting a roadside TOR? I got the TOR on 23rd June and am wondering if they haven't made contact by a certain time does this mean they are not intending to prosecute?
AntonyMMM
If you were stopped at the roadside, you would have been given a NIP verbally so no time limits apply.

Assuming the offence is speeding, then the next contact will be an offer of a Speed Awareness Course, an FPN (3pts & £100) or a summons - all depends on the speed alleged and the limit ?

Summons could be applied for up to 6 months from the date of offence - SAC offer or FPN should arrive within a few weeks normally.
Logician
They do not need to send a NIP at all as you were warned at the roadside, although some forces do still send NIPs through the post. It follows that there is no time limit for a NIP after a roadside stop. The ultimate time limit is that information has to be laid before a court within 6 months for you to be prosecuted.
BaggieBoy
Related to this case I presume? One case / one thread please.
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.