One year on and the case still rattles around the courts
Quote:
Barry Culshaw: You may be interested to hear that on 9th September last at Alton Magistrates' Court DJ Gillibrand did a complete volte face and convicted a client of mine for exceeding the 40 mph speed limit on Southampton Road, Titchfield despite the fact that he was on the same stretch of road and was within the same defectively signed speed limit as Mr Coleman who was acquitted as the test case on 8th October last year! Indeed, there were more signing defects evident in the recent case as a change of the de-restricted speed limit to a 40 mph speed limit for the northern section of Southampton Road brought into the equation flawed terminal signing at three junctions on the west of the enforcement site. This was despite the fact that at the recent trial Mr Bentley adduced evidence to show how the three flawed junctions on the east of the site were now subject to materially changed signing put in place this year with a view to addressing the shortcomings highlighted in Mr Bentley's 2006 Coleman report!!
Pursuant to the client's instructions I have requested the DJ to state a case for the opinion of the High Court. If this case proceeds to the High Court it will have huge implications for signing law as the defects in the signing are largely agreed by the experts.
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Speed limit sign radio interview. TV
Snap Unhappy“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code