Is there a cut off point for Court Summons ?

[jay]

Hi Months and months ago I got an NIP through (within 14 days) saying I had been clocked doing 99 on the M1 on 4th March in my then Griffiths. Sent it back - have heard NOTHING since. Some people (including a friends father who is senior copper) have suggested that if the case doesn't come to court within six months of the alleged offence it is culled. Others have cast doubt on this. Can anyone give a definative answer ? It now being 8 months since the alleged offence, can I now get the champagne out ? Cheers!

[banjocannon]

not an expert but I reckon you are off the hook, same thing happened to a mate of mine and he never went to court, never heard anything since. Also if for some reason they lost the evidence they probably wouldn't bother to tell you!

[jay]

Whoopee ! I shall go and get b*ll*cked at the pub right now. Have trawled through the various websites devoted to speeding law and can't find anything definative on this topic.

[Marv]

Jay, I think i would of cracked open the Moet about a month ago.. Officially it is still possible you could be busted.. Here is how it works: They (prosecution) have 6 months from the time they have sufficient evidence to give you a summons. However they have three years from the time of the offence. The crucial bit is the 'sufficient evidence' bit. In an open and shut case like speeding there should be very minimal delay in this evidence. Therefore the six month rule is a good guide. Im not sure what would happen if they 'misplced' the evidence and found it again say a year later... Here is the legal stuff from the act "6.—(1) Subject to subsection (2) below, summary proceedings for an offence to which this section applies may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge. (2) No such proceedings shall be brought by virtue of this section more than three years after the commission of the offence." Edited by Marv on Tuesday 2nd October 20:33

[jay]

Thanks for that Marv - first definitive citing of the legal position I've seen. I did breathe a sigh of relief when six months came up - an promptly took the new Tuscan for an "engaging" driving weekend in France to celebrate. However, have always had a 5% concern that this might not be the case.

[drf]

Marv I may be clutching at straws here but have the plod got 6 months from the time you were caught or from the time you recieved the NIP. I was caught on 6 May doing 91mph on a B road (60mph). NIP states "I was speeding in a tempory speed limit". What dose this mean? Some of Lotus drivers were caught within 5 mins have all recieved their fixed penalty fines months ago. If they give 4 weeks notice of a court appearance this will take it past 6 months. What are the odds that I'm off scott free? Thanks for any advice in advance, Duncan