steve_m Posted February 28, 2003 Posted February 28, 2003 Clerk finds speed gun legal loophole Feb 28 2003 By Elwyn Roberts Daily Post Correspondent A NORTH Wales driver was unaware last night he had escaped a motoring ban, after a legal loophole was discovered by a court clerk. Police fear it could open the floodgates to thousands of motorists across the UK, caught by speed cameras and laser guns, also escaping driving bans. Last night North Wales police admitted that a change in the law is needed to plug the loophole. It was discovered by a magistrates' clerk dealing with speeding charges against Phillip Dennis, of Whitford, near Holywell, in his absence. Magistrates said that they had no option but to find the case against him not proved. The loophole involves a form sent by police to the registered owner of a car caught on speed cameras. The form asks who the driver was at the time. It is an offence not to fill in the form and name the driver - but significantly there is no requirement to sign it. However, for it to be used as evidence in court, the form has to be signed, otherwise a court cannot take any notice of it. Flintshire magistrates' clerk Paul Conlon realised Mr Dennis's form was filled in but not signed, and so could not be used as evidence. It was, said Mr Conlon, a loophole in the law. Magistrates said they were not happy but had no option but to find Dennis, 34, of Gwibnant Farm, Downing Road, Whitford, not guilty. Chairman John Beard suggested police should go back to defendants and ask them to sign the form. But he was advised that as the law now stood, the only requirement was to stipulate the name of the driver and that there was no legal requirement to sign it even if police did go back and request a signature. One legal expert said later: "Yes, I can confirm that vehicle owners asked to confirm the name of the driver must complete the form but there is no legal requirement to sign the document. "On the other hand it is true that it cannot be admitted as evidence unless it is signed. "This will need a change in the law. Some people simply pay the fixed penalty and that is the end of it. "This only affects those people whose cases go to court and where the prosecution are asked to prove their case. If the form is not signed then they cannot do so. "It would be unfair for the police to go back and ask people to sign the form without first cautioning them that the law does not require them to sign it." A spokeswoman for North Wales Police said later that there was no one available to comment at present. But one police source said that the loophole had been known about for some time and there was concern that once it became known "it could open the flood gates." "The police generally have been waiting for someone to appeal against a conviction on this point but no one had yet. "We have basically been keeping our heads down. Some of my colleagues say we should just make sure people sign the forms but others are a bit concerned that to do that is tricking people into something they do not have to do. "The trouble is when this is highlighted they will all be sending the forms back unsigned." Quote
Jon Murray Posted March 3, 2003 Posted March 3, 2003 This deserves to go back to the top of the list - very handy! Jon Quote
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