Lucky or What

[bad company]

I was stopped by police on 20 Auguust 2001, doing 88 in a 60 limit. Had to produce documents at police station but heard nothing since. I'm starting to think that I've got away with it!

[domster]

By my reckoning, your six months are up. You were a free man as from a day or two ago.

They could have prosecuted you any time up to that period, maybe even court summons time if they are a force with a '25mph over the limit goes to court' rule.

[bad company]

I think your right.

The force was Cambridgeshire and I was informed at the time that it would go to court as I was more than 25 mph over the limit.

Just wish I knew what I did right so I could assist others.

[domster]

I don't think you did anything 'right' - you were just lucky as your heading suggested... sometimes they have too much admin to take care of, or your case ends up eaten by the plod's office cat.

I know of a couple of other instances where the police just don't get around to prosecuting within the time frame, and it gets dropped.

In my law degree days I remember that the 'year and a day' rule applied to murder. i.e. you could top someone, and if you weren't prosecuted within 366 days, you were free to go. However, I think that means they have 366 days to prosecute you after charging you. (So they have a year to gather evidence and get it to court).

As I say, I reckon you're in the clear, so good on you and crack open the bubbly!

Rgds
Domster

[mel]

quote:

In my law degree days I remember that the 'year and a day' rule applied to murder. i.e. you could top someone, and if you weren't prosecuted within 366 days, you were free to go. However, I think that means they have 366 days to prosecute you after charging you. (So they have a year to gather evidence and get it to court).

I understood the "year and a day rule" meant that if you assaulted somebody and they then lived for a year and a day before dying you couldn't be prosecuted for murder (was of importance with life support machines etc) But then again my degree's in engineering so what would I know

[domster]

You may be right. My law degree is pretty rusty. However, the chances are that if you assaulted someone then you would get done for assault within the year. If they died later, I'm not sure you could be charged for the same offence again. Hmmm, this -off topic- probably needs a real active lawyer! It is at least 7 or 8 years since I read any of that complicated legal rubbish.

[bad company]

The irony of this is that if I have been doing 84 mph instead of 88 I would probably have a fixed penalty and 3 points.

Thank God I put my foot down!!

[hertsbiker]

quote:
The irony of this is that if I have been doing 84 mph instead of 88 I would probably have a fixed penalty and 3 points.

Thank God I put my foot down!!

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