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Speeder loses High Court Appeal...

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Old 16 March 2004, 04:07 PM
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Boro
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Default Speeder loses High Court Appeal...

This one went all the way!!!

http://news.bbc.co.uk/1/hi/england/h...et/3516612.stm
Old 16 March 2004, 04:18 PM
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MattW
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Oh dear. There is going to be a few busy CPS offices presenting cases which have been put on hold.
Old 16 March 2004, 04:19 PM
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Boro
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Theres going to be a few cheesed off motorists who were hoping to use the same loophole too
Old 16 March 2004, 04:26 PM
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Paulo P
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He should have saved himself the £8,000 bill and just paid up in the first place.
Old 16 March 2004, 04:49 PM
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Boro
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Maybe he has principals, either that or more money than sense
Old 16 March 2004, 04:51 PM
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Remember, this is one judges interpretation of the law. Another may throw the case out. Probably pot luck but the law still remains unclear as to whether or not you are legally obliged to sign the form (and it be usable in a court of law).
Old 16 March 2004, 04:54 PM
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milo
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Originally Posted by Dracoro
Remember, this is one judges interpretation of the law. Another may throw the case out.
less likely, as the prosecution will no doubt use that case.

furthermore, paying £8k to fight with such a high chance of losing is not a viable option for many.


The judges rejected his appeal, saying they will give their reasons later.
this is what annoys me. why cant they give their reasons now (answer: because they need time to think of something!)

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Old 16 March 2004, 05:15 PM
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Yep! I agree, theyve got to make their reasons knowing that it may well goto the ECHR at some point.
Old 16 March 2004, 05:59 PM
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... according to one report I read (pre trial admittedly) the chap stated that if he lost he would take to the European Court of Human Rights. Of course, whether he does or not is an entirely different question.

I believe I am right in saying that this was brought very much as a test case, and as such he may well have had some help with the funding of his case. Apparently, the guy is a retired company director with "...a collection of cars..." so he can probably afford it anyway .
Old 16 March 2004, 06:04 PM
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True, i honestly think it will go that far and i dont think it will be far away
Old 16 March 2004, 11:50 PM
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Quote:

The judges rejected his appeal, saying they will give their reasons later.



this is what annoys me. why cant they give their reasons now (answer: because they need time to think of something!)
This will become what is known as a stated case. It will be published in various legal books and journals and be quoted in future cases. Therefore, the judges have to be given time to word their findings correctly.
Old 17 March 2004, 03:11 AM
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Whilst many disagree with the number and siting of speed cameras, those who were pinning their hopes on some minor legal loophole were just grasping at straws. Better to tackle the issue head (number and siting) on rather than try and find some devious way of avoiding the consequences after the event
Old 17 March 2004, 12:16 PM
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It wont be a MINOR loophole is the ECHR decide that self-incrimination is a violation of your human rights
Old 17 March 2004, 01:20 PM
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Originally Posted by Brit_in_Japan
Whilst many disagree with the number and siting of speed cameras, those who were pinning their hopes on some minor legal loophole were just grasping at straws.
not really, especially if they really were innocent.

it's almost akin to being told after your house is burgled that if you can't identify who did it, you'll be done for it as it's your house.
Old 17 March 2004, 09:55 PM
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milo,

it's almost akin to being told after your house is burgled that if you can't identify who did it, you'll be done for it as it's your house.
How true!!!

mb
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