Not charged as yet

Convicted Driver Insurance
If the information was not put to the court system to commence proceedings within 6 months of the date of the offence then any case will fail. In fact the process itself should pick up the conflict in the date and prevent it going ahead.
Is there a possibility that they served it already, but at an address you have moved from?
It certainly seems to be a very long time after the 6 month cut off to serve notice of a court appearance. I have seen it at 3-4 weeks, but never 8 months!
Your solicitor should be able to query this and challenge the case if they did not stick to the strict timetable they have to follow.
Hi , no I haven’t moved address, they have no other address for me. 😔
 
Hi,

Fight it. If this has happened, They cannot legally pursue this! As said get a local solicitor and get it sorted. You will win.

Kind regards,




Stu
 
I was getting my hopes up. Will contact a solicitor on Monday .

Saf

With all due respect, it is very rare for the police to slip up and NOT summons offenders in the designated timescale for DUI offences.

When this happens, you can be sure someone in the police would be up for the high jump if a prosecution file is not submitted and a case is lost through sloppy 'housekeeping'.

As I have mentioned previously, police officers have an enormous workload to contend with. Most non-urgent cases are only processed, when the officer in the case has some downtime from all the emergency stuff they deal with.

Unfortunately, it can be months for cases to be concluded with a charge or summons. I actually know someone who has been on police bail since August for a non DUI matter!!!!

CJ
 
Saf

With all due respect, it is very rare for the police to slip up and NOT summons offenders in the designated timescale for DUI offences.

When this happens, you can be sure someone in the police would be up for the high jump if a prosecution file is not submitted and a case is lost through sloppy 'housekeeping'.

As I have mentioned previously, police officers have an enormous workload to contend with. Most non-urgent cases are only processed, when the officer in the case has some downtime from all the emergency stuff they deal with.

Unfortunately, it can be months for cases to be concluded with a charge or summons. I actually know someone who has been on police bail since August for a non DUI matter!!!!

CJ
But the law is the law. 8 months down the line is a breach of that. Saf shouldn’t be convicted now given the date of the letter and magistrates processing time. That was back in October/November. Bail is a totally different thing.
 
But the law is the law. 8 months down the line is a breach of that. Saf shouldn’t be convicted now given the date of the letter and magistrates processing time. That was back in October/November. Bail is a totally different thing.

S. 127 (1) Magistrates Court Act 1980

127 Limitation of time.​

(1)Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.

(2)Nothing in—

(a)subsection (1) above; or

(b)subject to subsection (4) below, any other enactment (however framed or worded) which, as regards any offence to which it applies, would but for this section impose a time-limit on the power of a magistrates’ court to try an information summarily or impose a limitation on the time for taking summary proceedings,

shall apply in relation to any indictable offence.

(3)Without prejudice to the generality of paragraph (b) of subsection (2) above, that paragraph includes enactments which impose a time-limit that applies only in certain circumstances (for example, where the proceedings are not instituted by or with the consent of the Director of Public Prosecutions or some other specified authority).

(4)Where, as regards any indictable offence, there is imposed by any enactment (however framed or worded, and whether falling within subsection (2) (b) above or not) a limitation on the time for taking proceedings on indictment for that offence no summary proceedings for that offence shall be taken after the latest time for taking proceedings on indictment.
 
I

S. 127 (1) Magistrates Court Act 1980

127 Limitation of time.​

(1)Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.

(2)Nothing in—

(a)subsection (1) above; or

(b)subject to subsection (4) below, any other enactment (however framed or worded) which, as regards any offence to which it applies, would but for this section impose a time-limit on the power of a magistrates’ court to try an information summarily or impose a limitation on the time for taking summary proceedings,

shall apply in relation to any indictable offence.

(3)Without prejudice to the generality of paragraph (b) of subsection (2) above, that paragraph includes enactments which impose a time-limit that applies only in certain circumstances (for example, where the proceedings are not instituted by or with the consent of the Director of Public Prosecutions or some other specified authority).

(4)Where, as regards any indictable offence, there is imposed by any enactment (however framed or worded, and whether falling within subsection (2) (b) above or not) a limitation on the time for taking proceedings on indictment for that offence no summary proceedings for that offence shall be taken after the latest time for taking proceedings on indictment

S. 127 (1) Magistrates Court Act 1980

127 Limitation of time.​

(1)Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.

(2)Nothing in—

(a)subsection (1) above; or

(b)subject to subsection (4) below, any other enactment (however framed or worded) which, as regards any offence to which it applies, would but for this section impose a time-limit on the power of a magistrates’ court to try an information summarily or impose a limitation on the time for taking summary proceedings,

shall apply in relation to any indictable offence.

(3)Without prejudice to the generality of paragraph (b) of subsection (2) above, that paragraph includes enactments which impose a time-limit that applies only in certain circumstances (for example, where the proceedings are not instituted by or with the consent of the Director of Public Prosecutions or some other specified authority).

(4)Where, as regards any indictable offence, there is imposed by any enactment (however framed or worded, and whether falling within subsection (2) (b) above or not) a limitation on the time for taking proceedings on indictment for that offence no summary proceedings for that offence shall be taken after the latest time for taking proceedings on indictment.
thanks For this but I really don’t understand law 😕
 
Have you spoken to a solicitor Saf?
Yes I’ve rang today and spoke to them. It all depends on when the police filed with the courts. A solicitor will call me back. I definitely think I need representation. I may be clutching at straws but it’s worth a try x
 
Yes I’ve rang today and spoke to them. It all depends on when the police filed with the courts. A solicitor will call me back. I definitely think I need representation. I may be clutching at straws but it’s worth a try x
I would- everything to gain and nothing to lose. Please keep us posted x
 
Yes I’ve rang today and spoke to them. It all depends on when the police filed with the courts. A solicitor will call me back. I definitely think I need representation. I may be clutching at straws but it’s worth a try x
The solicitor is correct, so long as the process was started within 6 months then their case is valid, but it does seem awfully slow to sent out the letter over 2 months later.
The police will not be able to ‘fudge’ the date, it is recorded electronically with the court when the case is raised with them.
 
I never lost it. CPS dropped the case three days before court. Hope you are doing ok too 👍🏻
Hi,

That's was my situation too. 3 days before trial. Was hell but in the end I knew I was not in the wrong. Felt like giving up everyday. But hung in their thanks to family/friends and this forum ofcourse.

Kind regards,




Stu
 
Hi,

That's was my situation too. 3 days before trial. Was hell but in the end I knew I was not in the wrong. Felt like giving up everyday. But hung in their thanks to family/friends and this forum ofcourse.

Kind regards,




Stu
Hi Stu,

what was the reason the CPS dropped the case?
 
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