hi, is there a set amount of time the police have to prosecute you for a speeding offence? my step dad was caught speeding, has subsequently returned the nip yet nearly 6 months later nothing else has been heard. i fully expected a court appearance and 6 points for the offence (76 in a 50 in a variable speed limit) but he hasn't heard anything since returning the paperwork.
cheers
chris
Edited by Pugugly on 25/10/2008 at 17:32
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Six months to "lay the information" for a summons in a speeding offence, a few motoring offences attract longer time frames such as Insurance which is twelve months.
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Under ACPO Speed Enforcement Guidelines 76 mph in a 50 limit is outside a Conditional Offer and the matter has to be taken to Court.
Presume that on receipt of NOIP, which has to be served within 14 days of the offence (ignoring the date of the offence), he also received a request to name the driver which he duly completed and returned.
He has heard nothing since? No communication that a C.O. cannot be offered and Court case to be arranged.?
If signed 172 request was returned naming himself as driver, they now have evidence to produce at Court that he was the driver in this. Coupled with the evidence from camera then they have sufficient to go ahead with a case.
As PU states for speeding an information has to be laid within 6 months other wise they cannot proceed. An 'information' preceeds the issue of a summons which can be served outside the 6 months. The longer they don't serve it opens up an argument of abuse of process.
Long shot and just wondering if on receipt of 172 and file submitted to CPS they have reviewed and have found fault in the evidence so NFA or have lost the file in the mountains of paperwork a CPS amasses.
If he wants to put his head in the hornets nest, Phone the relevant SCP and ask what the position is.
dvd
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If it's 'nearly' six months, I think I'd wait a few weeks ;)
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it's 6 months this coming tuesday. he sent the paperwork back naming himself as the driver and nothing has been received since. we were both there the day of the offence and were both certain there were no lower limits in force in the variable section (top of m42, can't remember exact junctions but he drives round there regularly so is well aware of where they are) and were rather surprised when the noip arrived.
chris
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he was done doing 76 in a 50 nearly 6 months ago? maybe they havn't finished building the gallows yet!!
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If the ticket was issued in Scotland, he can forget about it under Scotland's 100 day rule. (All prosecutions in Scotland must commence within 100 days of the accused being charged)
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What 100 rule. ?? In Scotland they have to prosecute you 'in court' within the 6 months rule unlike England and Wales where they just have to lay papers/information within 6 months. Regards Peter
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