Okay then heres a really simple question for anyone with the necessary knowledge because I can't find a definitive answer on the net.
To cut a long story short I was caught driving a truck that was deemed to be overweight by the officers who stopped me, weighed my truck and were reporting me for the various offences committed. The facts of the case are very complicated and it isn't a straightforward case of being overweight and thats that.
Anyway this all happened over 6 months ago now and from the day I got stopped to this day I have heard nothing about it. I have been expecting some correspondance or a court summons but nothing... So my question is how long do they have to prosecute me for the offences? Is there a cut-off point before which they must take action or am I suppossed to wait indefinately? No offence to anyone but I would prefer replies with actual knowledge rather than just guesses.
Thanks
|
"No offence to anyone but I would prefer replies with actual knowledge rather than just guesses."
None taken:)
PU and DavidHM are the resident solicitors here. My guess is that they'll be here along soon.
Also DVD, who's abundance of knowledge in this area appears to have no bounds (we know because it's been tested several times and has always passed with flying colours!) should be able to advise.
Hguo
|
|
|
The following links may give some guidance regarding your post:
www.publications.parliament.uk/pa/ld199798/ldhansr...m
www.publications.parliament.uk/pa/cm199798/cmhansr...m
- - - - - - - - - - - - - - - - - - - - -
What\'s for you won\'t pass you by
|
I'm saying nothing - not my area and I don't have access to legal resources online from home any more.
DVD does know what he's talking about in an astonishing way and PU is a specialist in motoring law, which I am not.
Ultimately though if you intend to enter a not guilty plea, you do need to know if the complicated, mitigating circumstances you mention are going to have a moral impact (i.e., possibly reduce your sentence) or actually have a bearing on whether or not they will affect whether or not the offence itself has been committed.
|
Thought I'd posted on this....
Six months limitation on most traffic offences (insurance being an exception at 12 months.) If there was a lengthy gap between the reporting and the summons, I would e tempted to make an issue on it
possibly on breach of process or these days on specific breach of Human Rights. (Right to a Fair Trial and all that).
Umable to comment on the specifics.
|
OK Simon hope this helps.
Section 41B, RT Act 1988 outlines the offence of exceeding weight (axle, gross plated) of goods vehicle contained in Con and Use Regs.
Road Traffic Offenders Act 1988 Schedule 2 outlines the penalty as max fine 5,000 pounds. Points and/or discretionary disqualification are not involved. (But there is a power to disqualify under another Act if the Court is so authorised to do so).
Section 6 RT Offenders Act , by the authority under Schedule 1 of same Act, imposes a limitation on proceedings for the offence in that proceedings have to be commenced within 6 months of coming to the notice of the prosecutor, who is not the investigating/reporting officer but higher up the ladder with the task of authorising a prosecution.
No proceedings can be taken where 3 years have elapsed from date of offence.
Proceedings are commenced when an Information is laid - written matter laid before a JP that a person has or is suspected of having commited an offence, a precursor to the issue of a summons. Date Information laid appears on the summons.
If not laid within 6 months of coming to notice of Pros. then proceedings cannot be taken. But if laid within the time scale then a summons can be issued after this time and served with no apparent limit. However if an excessive amount of unjustified delay then a matter for comment and possible infringement on Human Rights as PU states.
Presumably the offence came to light after a Trading Standards/VOSA check. If it is now some 9 months since being stopped consider contacting them to find out what the position is as it is hardly fair to yourself or legal Reg as you cannot formulate your defence not knowing what you have been charged with.
I also note you mention matters are not straightforward to which I hope an indictable offence is not involved as it could affect matters. My information above is on a straightforeward summary offence.
DVD
|
|
|
|
:no_upscale():format(webp)/https://cdn.uk.prod.group-mobility-trader.com/images/cas/50317e11790e78d451cd7ea1034db948/945052e3f5e296502220368946402172.jpg)
£14,662was £14,989Details![2023 BMW 1 Series 118i [136] Sport 5dr Step Auto [Live Cockpit Pro]](https://img.common.prod.group-mobility-trader.com/unsafe/trim/90x60/smart/filters:quality(70):no_upscale():format(webp)/https://cdn.uk.prod.group-mobility-trader.com/images/cas/8f880fcabd37557d908c28a4d66bdb53/3fbad8b2291927dfff4a517b10b43a88.jpg)
£20,252was £20,915Details:no_upscale():format(webp)/https://cdn.uk.prod.group-mobility-trader.com/images/cas/3541ab6c55c241daa536e7011376e00a/2ade89a4638733a7b49c56a4ed052ac8.jpg)
£18,340was £19,200Details:no_upscale():format(webp)/https://cdn.uk.prod.group-mobility-trader.com/images/cas/1a7d4474b17676684a348cdd448c4b92/08bb122aa412bc7f4fd14d51efe0f7ec.jpg)
£29,937was £30,619Details
