05 Apr 2019 Posted in Motoring Law 

Speeding Charges Dropped After Data Loss

Charles Cronin Posted by Charles Cronin, Solicitor, Motoring & Criminal Law

Speeding Charges Dropped After Data Loss

Speeding charges have been dropped against more than 1,600 motorists after evidence was lost by Kent Police.

The force has blamed a "computer issue" affecting how supporting documentation had been stored.

Mark Gilmartin, director of support services at Kent Police, said: "Officers no longer have sufficient confidence that, if challenged, these particular case files meet the evidential threshold for court.

"Where officers believe that the available evidence falls below the threshold demanded by the courts, the only option is to discontinue the prosecution."

This recent article from the BBC highlights the importance of carefully considering all the evidence prior to entering a guilty plea in an offence of speeding.

You are innocent until proven guilty and the prosecution must prove its case beyond reasonable doubt.

It is easy to allow yourself to think that just because you have received a Notice of Intended Prosecution that the police have all the evidence that they need to prove the case against you.

It is not unheard of for the Crown Prosecution Service and Court Clerks to apply pressure to defendants to plead guilty at the earliest opportunity.  To do so is to assume that all the necessary evidence to prove the case is in existence and accessible.

This article from the BBC shows that in just one constabulary, over 1600 speeding cases were dropped.  This has been put down to ‘computer issues’.

The reality is that whole system for assessing and storing speed information is computerised.

We are often told that the system works and does not go wrong and yet this huge number in just one of the countries policing areas shows that this is simply wrong.

You can not rely on the police or Crown Prosecution Service to inform you if their case is defective.

You are always entitled to challenge the prosecution case and check that they have the necessary evidence to prove the case.

Pleading guilty at the earliest opportunity will usually require you to take it on trust that the prosecution have a complete case.

When your driving licence is on the line are you prepared to take that gamble?

Contact us now to get expert advice on how best to deal with your case.

Call 01225 485700 or email hello@mowbraywoodwards.co.uk 

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Charles Cronin

Charles Cronin

Solicitor, Motoring & Criminal Law

01225 400666

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