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Checklist for a successful prosecution
The speed limit must be correctly signed in accordance with the regulations (Folly Bottom, Wylye, North Wales)
A speed limit order must apply correctly to the location in question
(Lincolnshire, London)
The paperwork must be correct and in accordance with all laws and regulations. (Dorset)
The paperwork must be delivered on time
The Notice of Intended Prosecution (NIP) cannot be served by second class post. (South Wales)
The equipment must be calibrated correctly
The operator must use the equipment in accordance with rules and guidelines
The operator must form a prior opinion of speed in excess of a speed limit
Arguably only a Police constable is qualified to for a prior opinion of speed in excess of a posted speed limit
Communications equipment must be switched off while measurements of speed are taken (including the operator's mobile phone)
The site must be suitable (restrictions include near power lines)
The equipment must be working properly
Evidence must be disclosed to the defence 7 days before the trial on request or it becomes inadmissible
If you don't know who the driver was at the time of the alleged offence you may well have a statutory defence in RTOA1988 S172(4) as amended
The court must be impartial (And since the Magistrate's Court Service are usually a camera partnership member it is far from clear that the court has the required degree of impartiality.)
The process must not breach your Human Rights (A 'right to silence' case is ongoing to be heard in 2006 in Strasbourg.)
In the case of Gatso fixed speed cameras the transit of the calibration marks in the two photographs must match the speed recorded by the radar speed meter
The prosecution must turn up in court with the correct paperwork
Witness statements cannot be signed by machine. (North Wales)
The speed limit must be correctly signed in accordance with the regulations (Folly Bottom, Wylye, North Wales)
A speed limit order must apply correctly to the location in question
(Lincolnshire, London)
The paperwork must be correct and in accordance with all laws and regulations. (Dorset)
The paperwork must be delivered on time
The Notice of Intended Prosecution (NIP) cannot be served by second class post. (South Wales)
The equipment must be calibrated correctly
The operator must use the equipment in accordance with rules and guidelines
The operator must form a prior opinion of speed in excess of a speed limit
Arguably only a Police constable is qualified to for a prior opinion of speed in excess of a posted speed limit
Communications equipment must be switched off while measurements of speed are taken (including the operator's mobile phone)
The site must be suitable (restrictions include near power lines)
The equipment must be working properly
Evidence must be disclosed to the defence 7 days before the trial on request or it becomes inadmissible
If you don't know who the driver was at the time of the alleged offence you may well have a statutory defence in RTOA1988 S172(4) as amended
The court must be impartial (And since the Magistrate's Court Service are usually a camera partnership member it is far from clear that the court has the required degree of impartiality.)
The process must not breach your Human Rights (A 'right to silence' case is ongoing to be heard in 2006 in Strasbourg.)
In the case of Gatso fixed speed cameras the transit of the calibration marks in the two photographs must match the speed recorded by the radar speed meter
The prosecution must turn up in court with the correct paperwork
Witness statements cannot be signed by machine. (North Wales)
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