Chat & Social > The Bar - General Chat
A crushing blow
Skibum346:
--- Quote from: "Bob696" ---Wouldnt section 152 be a whole lot fairer and in keeping with british justice system (not to mention the UN human rights stuff) if it worked the same way as speeding tickets?
--- End quote ---
Maybe.... go on....?
Bob696:
With speeding tickets either camera or police officer. You are asked to accept the fixed penalty points and fine (in other words admit guilt). If you fail to accept them then you go up in front of the beak where you may or may not get a heavier penalty or even be found not guilty (although this is unlikely but did happen to the moped driver who was clocked at 58mph :lol:)
Simply put it is a true safety net where everything can be presented to the court.
Bulli:
Bob,
i agree with the ethos but lets face it going to court over fixed penalty notice is like commiting suicide.
The magistrates look very unkindly on it and see it as wasting their time.
I once was stupid enough to do just that. I had photographic proof that the officers statement was not accurate....err still got the points(according to duty brief i was lucky???) but got 150 instead of 40 quid.
The photos were concrete evidence of the inaccurate nature of the officers statement. The only reason i wanted my day in court was because of the attitude of the officer. He was full of it and suffered short mans syndrome.
I dont see how this would benefit anyone. You are guilty as far as the beak is concerned.
Bob696:
--- Quote ---The photos were concrete evidence of the inaccurate nature of the officers statement. ................................ He was full of it and suffered short mans syndrome.
--- End quote ---
Isnt this EXACTLY why we should have GOOD safety nets in place.
Just imagine if an officer of that type KNEW you were never even going to get a chance in court.
In the case you mentioned I am sure you could have appealed the beaks decision and gone to a full jury. It only becomes pointless if you are "chancing your arm". The magistrate is just a link in a chain.
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