Honda - Summons for Failing to Stop

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Sun 18 Nov 2012 09:06
Honda - Summons for Failing to Stop - Beam me up Scotty

My head's a shed at the moment so ANY help/advice would be greatly appreciated.

In September,my son (motor biker) was involved in an altercation with a female car driver. There was an argument but no collision or accident so he drove off. He received a call about 2 weeks later asking him to give a witness statement at the police station,which he did.The driver had reported him, claiming he had damaged her car and assaulted her, which is not true. He received a letter about two weeks from his solicitor informing him that the police were to take no further action and the matter was concluded. He was not arrested, charged or bailed. Also, he has not received a Notice of Intended Prosecution (NIP). He thought the matter was finished with but now received a summons to go to the Magistrates Court on three offenses, failing to stop, failing to give name and address and a section 39 assault.
I have found case law that for a prosecution to succeed a NIP is required if the driver is unaware of an accident taking place (Metropolitan Police v Scarlett [1978] Crim LR 234 and Bentley v Dickinson [1983] RTR 356.

Does anyone know the procedure, i.e.if a driver was unaware of an accident they should receive an NIP before going to court?

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Sun 18 Nov 2012 09:53
Honda - Summons for Failing to Stop - Bromptonaut

Facts too involved for an instant opinion.

IF it's a cock up by police solicitor will sort it in minutes. If it's more complex then he needs solicitor already.

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Sun 18 Nov 2012 15:10
Honda - Summons for Failing to Stop - Dwight Van Driver

Firstly the question of Notice of Intended Prosecution - this is not required for the offences mentioned. He is not charged with dangerous driving or careless driving. Nevertheless had he been so charged then whilst in pure accident cases there is no need to serve one there would be a need to serve a NOIP if the accident was slight and he was unaware of one taking place. (Bentley v Dickinson [1983])

Secondly what is an accident? As far as I am aware and supporterd by Blackstones there is no absolute definition of 'accident' other than a reportable one as I will mention later. The general test that a Court will apply is whether an ordinary person will say that there has been an accident in all the circumstances.


Reportable accidents are covered by Section 170 Road Traffic Act 1988 which basically states that owing to the presence of a mechanically propelled vehicle on a road an accident occurs whereby

:
injury is caused to a person other than the driver of that vehicle, or


damaged is caused to another vehicle other than that vehicle, or animal as defined or property on land on which the road is


then there are three obligations

.
The first is to STOP (not to do so offence)


Secondly, give details of driver, owner of vehicle and Reg No to any person having reasonable grouds. In the case of injury also give details of Insurance.


Thirdly if this is not done at the time then the matter to be reported to the Police as soon as reasonably practicable and in any case within 24 hours. (not to do so offence)

Relative to the above two offences in proving same there is no need for the prosecution to prove the driver was aware of the damage, once the damage proved to have been done it is up to the driver to show on the balance of probabilities that they were not aware of it. (Selby v C.C. Avon and Somerset [1988]) If the driver can do so then he should be acquitted.


As to the assault either it was occasioned or it wasn't.


It will be up to the person charged to disprove what is alleged by the other party. The party's Solicitor has some knowledge of the case in that he has advised, having been contacted by Police to say case dropped. It seems sensible one should therefore work through him to prepare and mount a robust defence to the charges at Court.


Independent witnesses??????????

dvd

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Sun 18 Nov 2012 22:05
Honda - Summons for Failing to Stop - Avant

Once again, DVD, on behalf of the forum many thanks for taking the time to give expert advice.

A virtual round of applause is called for.

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Mon 19 Nov 2012 08:53
Honda - Summons for Failing to Stop - Armitage Shanks {p}

Agreed 100%. DVD is a long standing and valuable source of in depth help!

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Mon 19 Nov 2012 14:30
Honda - Summons for Failing to Stop - Dwight Van Driver

...but I'd rathger have the ability to pilot a plane AS. Envy envy envy

dvd

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