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Speed awareness

Some of you may remember I was nabbed by a Wiltshire and Swindon Camera Safety Partnership Cashpoint for going too fast - I knew there was a form of words I should have used as I informed them who was driving in response to their NIP and in accordance with Section 172 but I couldn't find them. Here they are:

PePiPoo: PACE Witness Statement

As this statement is provided under threat of criminal penalty [Funke v France] and as I have not received the caution required by paragraph 10.1 of PACE Code C [Mawdesley -v- the Chief Constable of Cheshire [2004] 1 All E.R. 58], I make this statement on the express understanding that it shall not be used or disclosed in any proceedings of whatever nature against myself.

I found it thanks to this:

Revealed: Hundreds of civilians are operating mobile speed cameras | the Daily Mail

Thousands of motorists could have their speeding fines refunded thanks to a landmark court case taking place this week.

A businessman will tell magistrates his penalty charge should be overturned because the hand-held camera that caught him driving over the limit was operated by a civilian and not a serving police officer...

Mike Morgan, who runs the anti-speed camera website www.pepipoo.com and will speak on the driver's behalf at the hearing in Devizes Magistrates' Court, Wiltshire, told The Mail on Sunday: "There is no question in our minds that the camera partnerships are acting outside of the law by using civvies instead of police officers.

"Police constables are considered to be officers of the Crown and, as such, are deemed to be able to form what is known as a prior opinion of excess speed. The camera or other device provides the secondary opinion - but one is not valid without the other.

"We have sought top legal advice and they agree that there is no Act of Parliament that gives the civilian camera operators the empowerment to give primary evidence - only a police officer can do that."

By coincidence on Tuesday instead of being in Devizes Magistrates' Court to get my 3 points I have been offered a Speed Awareness Workshop. (My old dog used to give me lessons in speed awareness, he would stick his head out the side window and the faster we went the bigger his stupid grin was... ) So I'm off to be re-educated. Though I might pop into the court before hand to see how the case goes, it might give some amusement as I sit on a cheap plastic chair being lectured at....

Comments

Does the pace witness statement still apply, it previously worked for me but a friend of mine recently got the following reply:

Dear ,
Reference No:

I refer to your recent correspondence, in which you enclosed a completed Section 172/Driver Information form with an accompanying letter stating that you do not wish the supplied information to be used in any proceedings against you.
Despite media and internet speculation I would inform you that the requirement to provide information under Section 172 of the Road Traffic Act, 1988, does not require caution under PACE and does not infringe your human rights.
I have suspended this matter for SEVEN days from the date of this letter, after which time if no response has been received, your previously completed Driver Information form will be accepted and a Conditional Offer of Fixed Penalty will be issued to you.
This will enable you to have the matter dealt with without recourse to Court Proceedings.
I would ask that you inform this office in writing, of your intention, should you wish to avoid the Fixed Penalty process, and have the matter dealt with at the Magistrates' Court.
I trust this information explains the position for you

Any further developments on this - what has happened in your friends case since your posting?

I have just been served a NIP ny Nottinghamshite Police

Hi There! I too have been nabbed and invited to attend a speed awareness workshop. Did you in fact go ahead and attend yourself. If so, what were your thoughts on the experience. I am interested in compiling a dossier and approaching the media. I, look forward to hearing from you.

Regards

Brian Bowles

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