| Your basic
Rights... if you get stopped by the Police. |
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| We cannot give any more than
some basic guidance here. [The action taken by a Police
Officer in respect of any Motoring related offence is (or should be) based
on National guidelines from the Association of Chief Police Officers
(ACPO) along with any local policies... guidelines... procedures.] |
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| However... there is no
'National Standard' when it comes to dealing with speeding offences. There is a huge difference between individual Constabularies...
each setting their own 'procedures'. Some... aim for 'best
practise'... others just adhere to the minimum legal
requirements. [Note: the Law is very complex... and they nearly
all have conditions attached... or exceptions to the rule. So, just
use this as your starting point, for guidance only.] |
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| This section is specifically
concerned with
procedures relating to the use of patrol cars... and situations where a
person is actually stopped at the time. By following these basic
guidelines... you should minimise the risk of being issued with a
ticket. And if a ticket is issued... and you decide to challenge
it... you will have avoided harming your case... and prepared the ground
for your defence. You could print this out... keep a copy in your
glove box... then you have an good reminder... and can easily fill in any
answers next to the questions. Relax... openly read your notes
before answering any question... let them see that you are well prepared! |
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| So... in the event that
you get stopped by the Police... |
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| Remain Calm.
Always be... cooperative: polite: and respectful.
Listen to
what they are saying. Say as little as possible. The Police
do have discretionary powers and might let you off with a Warning... so
don't give them a load of backchat and talk yourself into a ticket.
[At this stage you want to be totally 'un-memorable'... so that the
Officer makes as few notes as possible about your encounter. This
may be to your advantage if any details are later disputed in Court.] |
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| Do not Lie.
You must give them your Name: Address and Occupation... if you refuse they
can arrest you.
Otherwise they can only arrest you for serious offences, like
drink-driving. If you have
a genuine reason for speeding say so: [not... "I was in a hurry"]
but maybe... I'm carrying someone in need of urgent medical attention. |
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| NEVER... produce your driving
licence. Even if you have it with you. This seems to be
taken as an admission of guilt. Take the option of producing it at a
Police Station within seven days instead. |
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| NEVER... admit Guilt!
Say as little as possible! Their evidence may not be watertight, so they may be relying on you to
admit to the offence. For instance... one officer on his own who
says he saw you speeding... is insufficient evidence. Two officers
who say they saw you speeding might be enough in some circumstances.
A normal
patrol officer who says he followed you... may not have any video
evidence... or a calibrated speedometer. If it is one of the Traffic
Police cars, there is a good chance they will have some kind of
evidence... and it's their job to catch drivers... which means there is
less chance of them letting you off. |
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| They may ask you why you
did... "such and such". By offering an explanation... you
might inadvertently admit to the offence they are asking you about.
So... be very careful what you say... anything you say, really can be
taken down and given in evidence against you! |
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| Your Response.
Try to put the ball firmly back in their Court... say something like...
"I'm sure... as a serving Police Officer... you appreciate that it is
not within my self-interest to admit to anything. So... why don't
you just show me the evidence you have, first... and we'll proceed from
there". And then... STOP TALKING!!! |
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| If their evidence is
insufficient... and you're obviously not going to incriminate yourself...
they may just give you a warning and let you go. |
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| FPN and NIP.
Alternatively... they may have some evidence and proceed by issuing you
with a Fixed Penalty Notice [FPN] or a Notice of
Intended Prosecution [NIP.] Under the law the legal
minimum that you have to receive before a Summons is a Verbal
"Notice of
Intended Prosecution" [NIP.] The words are not clear and may confuse
you. They will be something like... |
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| "You will be reported
for consideration of the question of prosecuting you for this
offence." And that may be all you hear before a Court Summons
drops through your letter box. |
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| If you have anything to say
for yourself make sure that, you say it after the verbal NIP. The
traffic officer has a duty to record your response to the verbal NIP.
[Following the High Court ruling in the "Yorke and Mawdesley" case
(31st July 2003), you may have a right to refer to PACE ("The Police and Criminal
Evidence Act") after you receive the verbal NIP.] |
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| Caution. If you are
"cautioned" by the Traffic Officer... this is what you can do to
"buy yourself some time".
The
High Court ruling in the "Yorke and Mawdesley" case [31st July
2003] means that you may have a right to refer to PACE, even if...
you are not cautioned by the officer. |
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| The officer may ask you to
come and sit in the back of his car. If you have a passenger ask
them if they will join you in the patrol car... so that they can act as your
witness. The police
officers probably won’t like this... but you are entitled to have them
there with you. If they refuse... ask them to write it in their
Notebook. You asked... they refuse! |
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| Don't forget that police
officers are public servants and they have a basic duty to assist the
public. Don't feel intimidated by them. Tell them that you
need to make notes... and ask them if they can lend you a pencil and some
paper. [Ideally... have this printed out... and keep a pen or
pencil in your glove box... then just ask the questions and fill in the
answers as you go.] |
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| Keep calm, be polite and take
your time to think about what you are saying and doing. Get ready to
ask questions and make notes. Ask them to explain
why... |
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| "they picked on
you"... rather than other vehicles you saw doing the same thing.
[Under the provisions of the Human Rights Act
they will need a coherent explanation... "because you have got a
flash
car" isn't good enough these days.] |
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| Ask to see the evidence and
get them to explain how the equipment works and show you the markers that
they used on or near the carriageway. Don't forget the patrol car's
equipment will have been manually operated and there is room for human
error. |
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| Note. Make your own notes at the
time. Time: Date: Location. Ensure that you record the
name and numbers of the officers concerned and the name of the inspector
that they report to. Note everything he said to you and you said
in reply. If you requested something and he refused, note this... and
ask him to note it in his book. |
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- Check what type of officer
stopped you...
[make a note of their physical appearance.]
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- Ordinary Police... Name and Number...
or
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- Traffic Police... Name and Number...
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- The Inspector they report to... Name
and Number.
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| And the type of equipment
they used... |
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- Ask to see the speed displayed.
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- Ask when
the equipment was last calibrated.
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- Ask if the officer calibrated the
equipment at the start of his shift...
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- If yes... ask if you can see this fact
noted in his Pocketbook.
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- If he refuses make a note of this.
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- Ensure that your explanation
for your actions has been recorded. [Don't just say you were
"running late"... "trying to catch a train"... or any
such thing.]
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- Explain that you will need a
copy of your traffic video for independent verification... although you
shouldn't expect them to like that!
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- Ask what speed you are to be
prosecuted for... if it isn't obvious.
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- If it is an unmarked car ask
how fast they were going and whether that is allowed without warning
lights... get them to explain their procedures to you.
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| As we have
already said there is a great deal of difference between the law and
police procedure and you need to understand that. For example, some
Constabularies instruct their officers to perform a one mile "follow
check". Under the law that isn't strictly necessary. |
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| The law doesn't mention
traffic videos either but according to Chief Inspector Peter Fouweather who is in charge of Gwent Constabulary's Traffic
Department, their traffic procedures state that if the ProVida video
recording equipment is installed in the patrol car and the Traffic Officer
is qualified to use the equipment then it must be recording whenever the
vehicle is being driven. [Please note: these procedures are liable
to change at any time.] |
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| What you can say and do if
you are cautioned... |
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| The Caution |
| "You do not have to say
anything... but it may harm your defence if you do not mention now something
you later rely on in court. Anything you do say may be given in
evidence" |
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| The Verbal NIP |
| "You will be reported
for consideration of the question of prosecuting you for this
offence." |
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| [If a verbal warning is given
at the time... it must be shown that the defendant understood it (Gibson v
Dalton: 1980.) Proof that they understood the charge will lie with
prosecution.] |
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| Use the following words
immediately after the caution or verbal NIP - [Note... you must say
them precisely... so copy them out and keep them in your car.] |
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| Your Response |
| "I
do not recognise the significance of those words... and I would like to
exercise my legal right to refer to PACE"... [The Police and Criminal
Evidence Act.] |
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| This will cause two things to
happen... |
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| 1. They will probably treat
you with a great deal of caution and respect... [if they weren't doing so
already...] |
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| 2. They will have to hand you
a copy of PACE, which is a very thick and complex document. [Not many patrol cars actually
carry a copy of PACE so the first thing they will probably have to do is
radio to the station and ask someone to bring them a copy!] Then you
can sit in the back of the patrol car and read it for as long as you like
and they can’t continue until you have finished. [Cross your
fingers and hope they get an emergency call... and they have to leave.] |
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| Remain polite... but make it
obvious that you are going to fight your case, every inch of the
way. [Let them know that you are... a very slow reader... but
this is very important to you... and you are not going to be rushed just
because it is inconvenient for them!] Human nature being what it is... they may decide that you are
going to be too much trouble... and [if it is within their powers] just
give you a warning instead. If they manage to out-wait you... stop
reading... then tell them... "No... sorry... I still don't understand
it!" |
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