A reader's letter to a police superintendent regarding the wrongful accusation of a driver.
I fully endorsed the prosecution of mobile phone users whilst driving. Made the point that a £60 fine and a 3 point endorsement seems grossly inadequate ‘to protect life by preventing fatal and serious road traffic collisions’ (your words not mine). I implied that the fleeting visual evidence of one police officer, totally unsubstantiated by a witness or any technical equipment, gives one no confidence in the adopted police procedure. The radio checks between two police officers suggests one was doubtful.
Despite my daughter’s request the absolute refusal of the police to obtain the vital evidence of phone use immediately from the ‘phone service provider, is incomprehensible. Perhaps we should not waste time on CPS jargon. The phrase is ‘disingenuous’ since there was categorically no case nor evidence. In common parlance it was a trumped-up charge. If not, why was the colour of the car changed in the officer’s statement and the car registration details transposed prior to the hearing? It was correct on the original charge receipt. It is dismissive to simply suggest it was only inconvenience that was suffered.
It was also stress, indignity at the hands of the police and innuendo bordering on defamation of character. Your comment on the notice of discontinuance could be interpreted that the police were prepared to back down at the last minute, to not only avoid costs but adverse publicity. You give no reason as to why proceedings were not terminated sooner. The unanswered questions above remain. Seemingly the CPS is not the organisation to address the overriding issue in that this case serves to prove a deeply flawed process.
A large sector of society is either less able and/or less morally concerned to contest such an issue. Simply the equation is: pay £60 and take three penalty points and clear the issue in a few days, or six months of stress and circa £2000 to prove innocence. Even some lawyers advised the first option because of the burden of the second. Maybe changes in the law are the prerogative of the Home Office and politicians. We have had pledge after pledge that police and politicians are listening. Is this truly the best of British policing and justice at work?
Despite my daughter’s request the absolute refusal of the police to obtain the vital evidence of phone use immediately from the ‘phone service provider, is incomprehensible. Perhaps we should not waste time on CPS jargon. The phrase is ‘disingenuous’ since there was categorically no case nor evidence. In common parlance it was a trumped-up charge. If not, why was the colour of the car changed in the officer’s statement and the car registration details transposed prior to the hearing? It was correct on the original charge receipt. It is dismissive to simply suggest it was only inconvenience that was suffered.
It was also stress, indignity at the hands of the police and innuendo bordering on defamation of character. Your comment on the notice of discontinuance could be interpreted that the police were prepared to back down at the last minute, to not only avoid costs but adverse publicity. You give no reason as to why proceedings were not terminated sooner. The unanswered questions above remain. Seemingly the CPS is not the organisation to address the overriding issue in that this case serves to prove a deeply flawed process.
A large sector of society is either less able and/or less morally concerned to contest such an issue. Simply the equation is: pay £60 and take three penalty points and clear the issue in a few days, or six months of stress and circa £2000 to prove innocence. Even some lawyers advised the first option because of the burden of the second. Maybe changes in the law are the prerogative of the Home Office and politicians. We have had pledge after pledge that police and politicians are listening. Is this truly the best of British policing and justice at work?
Asked on 23 February 2013 by From MA of Newdigate, Surrey to Superintendent D. Sumner, Head of Criminal Justice Department, Middlemoor, Exeter
Answered by
Honest John
(A number of readers wrote of other injustices, but I have restricted this to prosecutions for use of mobile phones while driving)
Tags:
legal advice
police
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