Caught on the phone, is there a time limit for proescution?
Discussion
Back in early April being an idiot I was caught using my phone handset to try and make a call on the M1 in Derbyshire by a police officer on a motorbike.
A fair cop, what a dick, I held my hands up and had no argument about it with the officer who proceeded to take some details from me.
The following morning I received an email from Derbyshire police titled 'Traffic offence report'.
The email goes on to say that I shouldn't do anything until I receive further communication from Derbyshire Police.
Now, that was about 11 weeks ago and I've not heard anything since.
I suppose I have two questions:
1. Is there any chance they might have sent something through that hasn't landed on my doorstep, in which case should I get in touch with them?
2. Is there a time limit by when they should send something out?
For the avoidance of any doubt I'm not trying to dodge my punishment which is fully deserved, but not sure whether I've been a very lucky boy here or like the condemned man should continue to await my execution.
A fair cop, what a dick, I held my hands up and had no argument about it with the officer who proceeded to take some details from me.
The following morning I received an email from Derbyshire police titled 'Traffic offence report'.
The email goes on to say that I shouldn't do anything until I receive further communication from Derbyshire Police.
Now, that was about 11 weeks ago and I've not heard anything since.
I suppose I have two questions:
1. Is there any chance they might have sent something through that hasn't landed on my doorstep, in which case should I get in touch with them?
2. Is there a time limit by when they should send something out?
For the avoidance of any doubt I'm not trying to dodge my punishment which is fully deserved, but not sure whether I've been a very lucky boy here or like the condemned man should continue to await my execution.
Cyder said:
Back in early April being an idiot I was caught using my phone handset to try and make a call on the M1 in Derbyshire by a police officer on a motorbike.
A fair cop, what a dick, I held my hands up and had no argument about it with the officer who proceeded to take some details from me.
The following morning I received an email from Derbyshire police titled 'Traffic offence report'.
The email goes on to say that I shouldn't do anything until I receive further communication from Derbyshire Police.
Now, that was about 11 weeks ago and I've not heard anything since.
I suppose I have two questions:
1. Is there any chance they might have sent something through that hasn't landed on my doorstep, in which case should I get in touch with them?
2. Is there a time limit by when they should send something out?
For the avoidance of any doubt I'm not trying to dodge my punishment which is fully deserved, but not sure whether I've been a very lucky boy here or like the condemned man should continue to await my execution.
Five months and three weeks for my court summons to come through for speeding some 17 or so years ago. I suspect they did that exactly to make me sweat for as long as possible. Confirmed when I had to write and ask for a new date as they'd set the date for an exam I had coming up. They rescheduled it....... to my birthday!A fair cop, what a dick, I held my hands up and had no argument about it with the officer who proceeded to take some details from me.
The following morning I received an email from Derbyshire police titled 'Traffic offence report'.
The email goes on to say that I shouldn't do anything until I receive further communication from Derbyshire Police.
Now, that was about 11 weeks ago and I've not heard anything since.
I suppose I have two questions:
1. Is there any chance they might have sent something through that hasn't landed on my doorstep, in which case should I get in touch with them?
2. Is there a time limit by when they should send something out?
For the avoidance of any doubt I'm not trying to dodge my punishment which is fully deserved, but not sure whether I've been a very lucky boy here or like the condemned man should continue to await my execution.
The usual disposal for a non-aggravated mobile phone offence is a fixed penalty (£200 and six points). There are three possible scenarios:
1. They sent you an offer of a FP but you did not receive it.
2. They decided that a FP is not appropriate and intend to take court proceedings.
3. They decided to ake no acion.
If an offer of a FP has been sent to you but you did not receive it, it will probably have lapsed by now (you have 28 days to accept it). If you do not respond to a FP offer, the next thing you will hear is of court proceedings, by way of a "Single Justice Procedure Notice". In these circumstances you can ask the court to sentence you at the fixed penalty equivalent, but it is not guaranteed that they will agree.
You could contact the police to ask them if such an offer has been made and if it has, explain that you did not receive it and ask them if they could re-issue it. You will have to be quick because most forces will not offer a FP much beyond three months from the date of the offence (this is so as to give them time to prosecute in the event the offer is declined or ignored).
There is a downside to this: if perchance your case has "fallen down the back of the filing cabinet" (or whatever the electronic equivalent of that is) you may be poking the hornets' nest and they might go looking for it. That's a choice for you to make.
I think the second and third scenarios are fairly self-explanatory.
1. They sent you an offer of a FP but you did not receive it.
2. They decided that a FP is not appropriate and intend to take court proceedings.
3. They decided to ake no acion.
If an offer of a FP has been sent to you but you did not receive it, it will probably have lapsed by now (you have 28 days to accept it). If you do not respond to a FP offer, the next thing you will hear is of court proceedings, by way of a "Single Justice Procedure Notice". In these circumstances you can ask the court to sentence you at the fixed penalty equivalent, but it is not guaranteed that they will agree.
You could contact the police to ask them if such an offer has been made and if it has, explain that you did not receive it and ask them if they could re-issue it. You will have to be quick because most forces will not offer a FP much beyond three months from the date of the offence (this is so as to give them time to prosecute in the event the offer is declined or ignored).
There is a downside to this: if perchance your case has "fallen down the back of the filing cabinet" (or whatever the electronic equivalent of that is) you may be poking the hornets' nest and they might go looking for it. That's a choice for you to make.
I think the second and third scenarios are fairly self-explanatory.
Forester1965 said:
I don't know if it's changed, but it was 6 months to lay the information to the court. IIRC the paperwork could take longer to arrive than 6 months and still be in time.
It's still six months, but they no longer "lay an information". Non-imprisonable traffic offences are now started by the simultaneous issue of a "Single Justice Procedure Notice" (which goes to the defendant) and a "written charge" (which is the formal notice of court proceedings). Forester1965 said:
I don't know if it's changed, but it was 6 months to lay the information to the court. IIRC the paperwork could take longer to arrive than 6 months and still be in time.
Big changes in 2015. The police prosecutor issues proceedings without reference to the court - the court is simply informed that proceedings have been commenced. Historically, the prosecutor would lay an information with the court and the court would issue the summons. The so-called new procedure puts the process in the hands of the prosecutor rather than the court.A police prosecutor may commence proceedings by issuing a Written Charge and serve that on the defendant via a Postal Requisition or Single Justice Procedure Notice. A requisition is similar to a Summons - with a court hearing date. A SJPN is different as there's an intermediate stage before a traditional court hearing. A defendant has 21 days from the Posting Date to respond to a SJPN.
Subject to some exceptions, a Written Charge for a summary-only offence must be issued within 6 months of the index offence. The day of the offence is not taken into account when computing the time limit.
A Postal Requisition or SJPN may be served more than 6 months after the index offence, but to do so may amount to an abuse of process.
agtlaw said:
Big changes in 2015. The police prosecutor issues proceedings without reference to the court - the court is simply informed that proceedings have been commenced. Historically, the prosecutor would lay an information with the court and the court would issue the summons. The so-called new procedure puts the process in the hands of the prosecutor rather than the court.
A police prosecutor may commence proceedings by issuing a Written Charge and serve that on the defendant via a Postal Requisition or Single Justice Procedure Notice. A requisition is similar to a Summons - with a court hearing date. A SJPN is different as there's an intermediate stage before a traditional court hearing. A defendant has 21 days from the Posting Date to respond to a SJPN.
Subject to some exceptions, a Written Charge for a summary-only offence must be issued within 6 months of the index offence. The day of the offence is not taken into account when computing the time limit.
A Postal Requisition or SJPN may be served more than 6 months after the index offence, but to do so may amount to an abuse of process.
Thank you Andrew, really helpful. A police prosecutor may commence proceedings by issuing a Written Charge and serve that on the defendant via a Postal Requisition or Single Justice Procedure Notice. A requisition is similar to a Summons - with a court hearing date. A SJPN is different as there's an intermediate stage before a traditional court hearing. A defendant has 21 days from the Posting Date to respond to a SJPN.
Subject to some exceptions, a Written Charge for a summary-only offence must be issued within 6 months of the index offence. The day of the offence is not taken into account when computing the time limit.
A Postal Requisition or SJPN may be served more than 6 months after the index offence, but to do so may amount to an abuse of process.
Simpo Two said:
Is the six-month delay caused because so many people are caught using a phone while driving that it's swamped the system, or just administerial incompetence?
They're not just issuing proceedings for moble phone offences, that will just be a small percentage of prosecutions that are being dealt with by a SJPN or by summons.But as said earlier there could be a chance that a FP offer has gone missing, whether the OP chooses to stick their head above the parapet in the event its gone missing at their end is the choice they have to make. The result if they have already issued an FP and they can be convinced to resend it will be considerably cheaper, but the 6 points will remain the same
Edited by martinbiz on Wednesday 26th June 22:43
Cyder said:
I hate to break PH traditions and provide some closure to a thread, but the PCN arrived a couple of days ago lightening my wallet by £200 in exchange for 6 fully deserved points.
I doubt you have a PCN as that's for parking tickets or similar.I suspect you have a COFP. A conditional offer of fixed penalty. If so then ensure that you comply with all conditions.
agtlaw said:
Cyder said:
I hate to break PH traditions and provide some closure to a thread, but the PCN arrived a couple of days ago lightening my wallet by £200 in exchange for 6 fully deserved points.
I doubt you have a PCN as that's for parking tickets or similar.I suspect you have a COFP. A conditional offer of fixed penalty. If so then ensure that you comply with all conditions.
davek_964 said:
Isn't this one that crucifies you on insurance? I'm sure I've seen posts on here about massive increases because of this code with the points?
Whether 3 points or 6 for the phone offence premiums will no doubt increase but it will depend materially on the individual Insurer. Bear in mind how much premiums have generally increased over the past 18 months anyway but I would doubt any points increases as above will see a “ massive “ increase.
I believe the so called average for 3 is around 10% and with 6 perhaps 25%.
This would be on for the existing Insurer so no doubt shopping will be called for.
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