Safe Speed Forums

I am trying to get access to site documentation prior to the court case. CPS have been less than helpful, so attempted to make an appointment to view at the Central Ticket Office. What I attempted to use the ACPO Code of Practice and other guidlines I am was informed (at not politely at that) that they did not have to adhere to the Code of Practice and that guidlines were merely that. Additionally, unless it was the Law i.e. Act of Parliment they could do what they wanted.

Needless to say, I was insenced. How do I overcome this attitude. Secondly, I want to introduct a Home Office guidline during the court case, can anyone advise me how I can do this after the police witness has left the stand. I need to somehow introduce this as part of my defence. I am conducting my own defence so will not have a solicitor present.

Any suggestions anyone?

_________________
Cheryl
Lady with a mission - to fight a speeding procecution - whoops they did not expect someone who understands calibration

Hello,
I take it frrrom what you have written you are goin to defend yourself, which is no problem, lots of people do and to be honest its quite amusing sometimes the questions that they ask, which are all totally irrelevant to the offence in hand.

Anyway to try and answer a few of your points, the CPS are not the ones that send evidence to you, and that will be why they have either refused or not responded to you.

Firstly was it a civilian camera partnership or an actual police officer as they are both totally independant from each other, so, lets take the first one.

I assume that you have first pleaded not guilty if so then a file is prepared by the OIC (officer in case) which is submitted through to either the civilian camera operator or the OIC.

Once you request a copy of the file you will only get basic things like operator/ officer statement, then you have to sit down and see if it is worth the long hard work of pleading not guilty, you see to me if your guilty of the offence then plead accordingly if you are not then the same applies.

Once you have your court date set for the trial you can ask the OIC questions underr the guidance normally from the clerk of court, and you can only ask questions in relation to the incident or about equipment etc, and this is where the questioning of guidelines comes in.

My last one challenged me on ACPO guidelines, and manufacturers instructions, ACPO was fine but I can not answer for the manufacturers and if you have a specific question relating to this then you should inform CPS prior to this in order that they can address it.

As they will not allow you to ambush the prosecution on the day, if you have taken photographs or plans of the areas concerned then get them agreed beforehand and authenticated ie time and date and make sure that they reflect the time of the incident. ie dont take daytime photos when offence was daytime and vice versa .

I would say to you that you can win against them if you know what you are doing, and you don't have to be a solicitor either to do this,but be careful dont be like some of the ones before you to actually attack the individual officer (words) or try and belittle him as it doesnt look good.

So, if I was you take some sort of advice prior to court to see whether you could win with someone professional, which does help a lot but if you want to go it alone good luck if you are genuinely not guilty.
Stephen

Concur with Stephen.


I would check things with a solicitor all the same. Check in the library and CAB. A lot offer a free half hour/inital interview. I would see what one of them has to say before your court date. It might help you word your defence appropriately or you may decide to use him if you can afford to. As well to make use of any free advice going. You do not have to engage the service after all.

Good Luck.

_________________
Take with a chuckle or a grain of salt
Drive without COAST and it's all your own fault!

A SMILE is a curve that sets everything straight (P Diller).

A Smiley Per post
FINES USfor our COAST!

Approach love and cooking with reckless abandon - but driving with a smile and a COAST calm mind.

Thanks there is some really usefull things here. I was unaware that I have to have any photographs submitted prior to the case and I most certainly will do this. My cross examination was to be based on the technical aspects of the equipment. Being an engineer myself and having done calibration I know alot more than the average joe public. I am conducting my own defence, but in doing so I am a very experienced public speaker and also without doubt I will treat the police witness with the upmost respect as I do not want to allieneate the court.

How bound by the ACPO code of practice are the Police safety partnerships? I know the Police witness is now a civilian but is a former police officer.

But please keep the information coming it is all useful.

_________________
Cheryl
Lady with a mission - to fight a speeding procecution - whoops they did not expect someone who understands calibration

Locovar,

Just a question, have you posted your case over on Pepipoo?

You would need to fill in their "Nip Wizard" which you can navigate to from their home page (FAQ and Forums).

_________________
Useless laws weaken necessary laws.

Have not posted on Pepipoo but will do so.

_________________
Cheryl
Lady with a mission - to fight a speeding procecution - whoops they did not expect someone who understands calibration