Speed Camera Vans
30 January 2012, 11:08 PM
#34
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I can only think of the caution used for investigating criminal acts "You do not have to say anything but it may harm your defence if you do not mention when questioned something you may rely on in court" which infers judge and/or jury may think you are trying to hide something. Being caught speeding is obviously not a criminal offence.
30 January 2012, 11:53 PM
#35
Can you show me the exact Act which states the civil right to silence as I can't think of which one it's from.
I can only think of the caution used for investigating criminal acts "You do not have to say anything but it may harm your defence if you do not mention when questioned something you may rely on in court" which infers judge and/or jury may think you are trying to hide something. Being caught speeding is obviously not a criminal offence.
I can only think of the caution used for investigating criminal acts "You do not have to say anything but it may harm your defence if you do not mention when questioned something you may rely on in court" which infers judge and/or jury may think you are trying to hide something. Being caught speeding is obviously not a criminal offence.
31 January 2012, 12:42 AM
#37
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The old caution used to say "You have the right to remain silent, but anything you do say ..."
31 January 2012, 07:56 AM
#38
The old caution was:
You do not have to say anything unless you wish to do so, but what you say may be given in evidence
You have never had a right to silence - thats America
You do not have to say anything unless you wish to do so, but what you say may be given in evidence
You have never had a right to silence - thats America
31 January 2012, 06:52 PM
#43
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I remember one of those vans a few years back hiding just out of view until the last minute. I couldnt understand why when I drove round the corner everyone slammed on their brakes hard, nearly causing a pile up...and then I saw it.
It is instinctive to brake when you see one of those vans whether you are doing the speed limit or not. A great idea for highway safety they are.
It is instinctive to brake when you see one of those vans whether you are doing the speed limit or not. A great idea for highway safety they are.
31 January 2012, 07:04 PM
#44
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I remember one of those vans a few years back hiding just out of view until the last minute. I couldnt understand why when I drove round the corner everyone slammed on their brakes hard, nearly causing a pile up...and then I saw it.
It is instinctive to brake when you see one of those vans whether you are doing the speed limit or not. A great idea for highway safety they are.
It is instinctive to brake when you see one of those vans whether you are doing the speed limit or not. A great idea for highway safety they are.
Saw him at the last minute, quick glance at the speedo, realised i was 20 over, so kept going, at the time i thought boloks he got me anyway so just got home.
31 January 2012, 08:02 PM
#45
Speeding is a criminal offence. That is why you should be afforded the right to silence. But no you have go confess the offence. If you don't you are guilty of another offence.S172.
Tell me of another criminal offence that carries a sanction if you don't confess to the original charge?
Tell me of another criminal offence that carries a sanction if you don't confess to the original charge?
07 April 2012, 04:04 PM
#46
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please join this face book group "speed trap spotter" http://www.facebook.com/groups/200619110052305/
07 April 2012, 05:34 PM
#48
Speeding is a criminal offence. That is why you should be afforded the right to silence. But no you have go confess the offence. If you don't you are guilty of another offence.S172.
Tell me of another criminal offence that carries a sanction if you don't confess to the original charge?
Tell me of another criminal offence that carries a sanction if you don't confess to the original charge?
You don't have to confess the offence - the evidence will be put to you and you can either agree or not. Its upto the court if need be to decide guilt, but if there is evidence there and you decide to use your 'right to silence' then the court can only go on the evidence which is presented.
172 i believe it is your responsibilty to infrom police who was driving the car at a given point - its something you signed into when you passed your driving test and agreed to follow the rules of the highway code.
07 April 2012, 08:46 PM
#49
Its not a criminal offence - its summary only. There is no victim, no crime, no criminal record etc etc
You don't have to confess the offence - the evidence will be put to you and you can either agree or not. Its upto the court if need be to decide guilt, but if there is evidence there and you decide to use your 'right to silence' then the court can only go on the evidence which is presented.
172 i believe it is your responsibilty to infrom police who was driving the car at a given point - its something you signed into when you passed your driving test and agreed to follow the rules of the highway code.
You don't have to confess the offence - the evidence will be put to you and you can either agree or not. Its upto the court if need be to decide guilt, but if there is evidence there and you decide to use your 'right to silence' then the court can only go on the evidence which is presented.
172 i believe it is your responsibilty to infrom police who was driving the car at a given point - its something you signed into when you passed your driving test and agreed to follow the rules of the highway code.
It is a criminal offense but not recorded.
Here is an clip to help you
legislation is found in Part VI of the Road Traffic Regulation Act 1984. Specifically, the offence is contrary to Section 89(1) of that Act: "A person who drives a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment to which this section applies shall be guilty of an offence."
Prosecutions are criminal prosecutions (triable summarily in a magistrates' Court only, as the defendant cannot elect for trial at the Crown Court) although there is a system for offering a "fixed penalty" or a "conditional fixed penalty"
07 April 2012, 08:52 PM
#50
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09 April 2012, 10:22 AM
#51
I can't believe a police officer doesn't know the law, a very sad indictment of todays police standards.
It is a criminal offense but not recorded.
Here is an clip to help you
legislation is found in Part VI of the Road Traffic Regulation Act 1984. Specifically, the offence is contrary to Section 89(1) of that Act: "A person who drives a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment to which this section applies shall be guilty of an offence."
Prosecutions are criminal prosecutions (triable summarily in a magistrates' Court only, as the defendant cannot elect for trial at the Crown Court) although there is a system for offering a "fixed penalty" or a "conditional fixed penalty"
It is a criminal offense but not recorded.
Here is an clip to help you
legislation is found in Part VI of the Road Traffic Regulation Act 1984. Specifically, the offence is contrary to Section 89(1) of that Act: "A person who drives a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment to which this section applies shall be guilty of an offence."
Prosecutions are criminal prosecutions (triable summarily in a magistrates' Court only, as the defendant cannot elect for trial at the Crown Court) although there is a system for offering a "fixed penalty" or a "conditional fixed penalty"
09 April 2012, 10:45 AM
#53
Felix. Answer this question. Is speeding a civil prosecution?
You need to speak to your superiors in the traffic dept!
http://www.legislation.gov.uk/ukpga/1984/27/section/89
If it is heard as a criminal prosecution, ergo it is an criminal offence. Just because it is not recorded doesn't negate the fact it is a criminal offence. If the legislation changes to decriminalize speeding like parking then speeding is criminal.
Felix please post a link demonstrating your argument that speeding is civil.
You need to speak to your superiors in the traffic dept!
http://www.legislation.gov.uk/ukpga/1984/27/section/89
If it is heard as a criminal prosecution, ergo it is an criminal offence. Just because it is not recorded doesn't negate the fact it is a criminal offence. If the legislation changes to decriminalize speeding like parking then speeding is criminal.
Felix please post a link demonstrating your argument that speeding is civil.
Last edited by andy97; 09 April 2012 at 11:14 AM.
10 April 2012, 09:22 AM
#56
Felix. Answer this question. Is speeding a civil prosecution?
You need to speak to your superiors in the traffic dept!
http://www.legislation.gov.uk/ukpga/1984/27/section/89
If it is heard as a criminal prosecution, ergo it is an criminal offence. Just because it is not recorded doesn't negate the fact it is a criminal offence. If the legislation changes to decriminalize speeding like parking then speeding is criminal.
Felix please post a link demonstrating your argument that speeding is civil.
You need to speak to your superiors in the traffic dept!
http://www.legislation.gov.uk/ukpga/1984/27/section/89
If it is heard as a criminal prosecution, ergo it is an criminal offence. Just because it is not recorded doesn't negate the fact it is a criminal offence. If the legislation changes to decriminalize speeding like parking then speeding is criminal.
Felix please post a link demonstrating your argument that speeding is civil.
Its an offence, but not a crime. There is no victim - no victim, no crime.
I'll try an dig out some sort of link to something later
You pay a 'victims surcharge' with most offences it doesn't mean that the offence has a victim. It just get put into the big victims pot
11 April 2012, 02:43 PM
#57
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Felix. Answer this question. Is speeding a civil prosecution?
You need to speak to your superiors in the traffic dept!
http://www.legislation.gov.uk/ukpga/1984/27/section/89
If it is heard as a criminal prosecution, ergo it is an criminal offence. Just because it is not recorded doesn't negate the fact it is a criminal offence. If the legislation changes to decriminalize speeding like parking then speeding is criminal.
Felix please post a link demonstrating your argument that speeding is civil.
You need to speak to your superiors in the traffic dept!
http://www.legislation.gov.uk/ukpga/1984/27/section/89
If it is heard as a criminal prosecution, ergo it is an criminal offence. Just because it is not recorded doesn't negate the fact it is a criminal offence. If the legislation changes to decriminalize speeding like parking then speeding is criminal.
Felix please post a link demonstrating your argument that speeding is civil.
Sometimes they could be really annoying!
Les
11 April 2012, 11:19 PM
#59
"Summary offences are normally dealt with in the magistrates court where they are governed by Part 37 Criminal Procedure Rules 2010.
The Crown Court may, however, deal with a summary offence in the following circumstances:...."
Summary offences and the Crown Court
Point 1, summary offences are clearly no less criminal offences than indictable offences are, otherwise they wouldn't be governed by the Criminal Procedure Rules.Summary offences and the Crown Court
Moving on to point 2, are summary offences that are dealt with by means of a fixed-penalty notice (such as speeding fines) considered any less a criminal offence than other summary offences? Up to a point, yes, but it's still a long way from saying they're merely a civil matter:
Recording and disclosure of PNDs
No admission of guilt is required, and by paying the penalty, a recipient discharges liability for conviction for the offence. However, PNDs issued for offences such as retail theft, criminal damage, cannabis possession, and being drunk and disorderly are recorded on the police national computer (PNC). A facility is available on the PNC which allows an entry to be recorded which does not constitute a record of criminal conviction.
PNDs may be disclosed as part of an enhanced criminal records check, if deemed relevant to the enquiry, by the chief officer of police.
Penalty Notices - Main offences, penalty amounts, procedures
I rest my case, m'lud No admission of guilt is required, and by paying the penalty, a recipient discharges liability for conviction for the offence. However, PNDs issued for offences such as retail theft, criminal damage, cannabis possession, and being drunk and disorderly are recorded on the police national computer (PNC). A facility is available on the PNC which allows an entry to be recorded which does not constitute a record of criminal conviction.
PNDs may be disclosed as part of an enhanced criminal records check, if deemed relevant to the enquiry, by the chief officer of police.
Penalty Notices - Main offences, penalty amounts, procedures
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