Time limit for criminal charges?

[jadzia]

Hi,

My nephew was involved in a bike accident 6 months ago tomorrow,he was considerably over the alcohol limit,and driving a friends bike with no insurance,he wrote off the bike and a parked vehicle that he landed on when he crashed,and almost killed himself.A blood sample was taken at the hospital,although he wasnt conscious at the time,he gave his consent later.He was arrested a couple of days later,but obviously he was in hospital for some time so he didnt attend the station,i believe he was asked for a statement once he was coherrant,and after he left hospital the police visited him and said they would soon be pressing charges,but didnt say what the charges would be,but since then he hasnt heard anything.My sister is under the impression that there is a time limit for pressing charges,does anyone know if this is the case?.

I personally think he deserves to be charged,as im not sure hes learnt his lesson at all,but obviously my sister is anxious that he not be.

Thanks in advance if you can help

[daniel9878]

First question- Motorbike or bike?

[jadzia]

motorbike

[emsgeorge]

They have 6 months to lay information for a court summons - but this only means they have to give the court notice within the 6 months. You, on the other hand, might only hear 8 months or even longer, as the courts have to find 'a slot' to fit you in, and will then issue the summons paperwork itself. With Christmas etc being in the way, dot be surprised if one still lands on the doormat. Many people think once the 6 months 'to the day' is up, then thats it.

[jadzia]

Thanks for your help,all hope might not be lost for him learning his lesson after all

[daniel9878]

Do you have the results for the blood test?

He will most likely get a harsher penalty then the one below but this gives you a idea of what he could expect.

 

81 – 137

Band C fine

12 – 16 months ban

 

138 – 206

Band C fine

17 – 22 months

 

Offence seriousness (culpability and harm)

B. Consider the effect of aggravating and mitigating factors

(other than those within examples above)

Factors indicating higher culpability

1. LGV, HGV, PSV etc.

2. Poor road or weather conditions

3. Carrying passengers

4. Driving for hire or reward

5. Evidence of unacceptable standard of driving

6 No insurance

Factors indicating greater degree of harm

1. Involved in accident

2. Location e.g. near school

3. High level of traffic or pedestrians in the vicinity

Factors indicating lower culpability

1. Genuine emergency established *

2. Spiked drinks *

3. Very short distance driven *

* even where not amounting to special reasons

 

Using a motor vehicle on a road or other public place

without insurance

Band C fine Band C fine

6 points – 12 months disqualification

[flyingdoc]

how badly injured was he?

[jadzia]

I dont remember the blood results,but they were very high.

He broke his back and had to have 2 operations,partial paralysis in his leg,rehab still ongoing,was in hospital for a good 2 months,but can walk almost ok now.

He is 18,has a motorbike license but not a car,silly boy was due to take his driving test the week after the accident!

[flyingdoc]

It is just possible that the police have decided not to pursue this due to the nature and severity of his injury - they occasionally take this line (they did with me after I crashed a bike and spent 4 months in hospital)

 

Dont rely on it but keep fingers crossed

[jadzia]

After speaking with my sister,it would apper that he was not arrested as i originally thought,but merely questioned at the hospital,apparntly he has not made an official statement at all,does this make a difference?

[patdavies]

I suspect that if he wasn't arrested, then he couldn't have been charged.

 

BTW, although, for the majority of motoring offences, there is a 6 month time limit on laying information for a summons, the Court authorities have (due to EU case law) up to 3 years to serve the summons.

[flyingdoc]

the important question is was he cautioned and told that he was going to be reported for the offence of....

 

if so he can be summonsed - if not the time limit for the notice of intended prosecution is well past

[Bazooka Boo]

the important question is was he cautioned and told that he was going to be reported for the offence of....

 

if so he can be summonsed - if not the time limit for the notice of intended prosecution is well past

 

Sorry to butt in. BUT!!!! Three years ago I was in an almost identical situation. I had a near fatal Car accident, I was the only person and vehicle involved, lost control of my car in excess of 100 MPH according to witnesses. Ended up felling a small copse, putting myself into a coma for two weeks, broken neck, broken collar bone, shattered pelvis, 3 months in hospital and 6 months intensive rehab learning to walk talk and eat again as a result of the injury to my brain. There was no mention of alcohol whatsoever, until approximately two weeks before my discharge from hospital, when the Police turned up to get my permission to test some pre transfused blood they had taken on my arrival at A&E. Of course I obliged and it wasn't until another four or five weeks later that I was summonsed to the Police station for an interview, where they then informed me that I was twice the legal limit for driving!

In court 13 months later, I was fined four figures, and disqualified from driving for five years, there was no mention of leniency at all, in fact my barrister said that the judge had given me the absolute maximum that he, without sending me to jail. The fact that my 18 year career would end, that I wouldn't ever work again, that I am permanently disabled and have a serious brain injury never even came into it.

My personal advice, get a damn good barrister who will fight his corner, and a personal letter to the judge stating what effect (if any) it has had/is going to have, but leave all the flannel out, they'll see straight through that, all in all, he isn't the first and he certainly won't be the last...good luck..!

[jadzia]

Thanks for being so frank,im sorry to hear of all you've endured.

I dont know if he has ever been cautioned,i dont think so,he has been informed of how much alcohol they found in his blood,and the police visited him at home after he left the hospital to inform him they would charge him at a later date,but they didnt know what with as they were still making enquiries.

Im not sure how far he travelled on the bike,just doing a circuit of the block from what i can gather,being an idiotic 18 year old lad doing something completely stupid without a thought for his own or anyone elses safety,not to mention his bloody future,hes training to be a mechanic,only a year in,was just about to take his test he could drive the cars in the garage where hes doing his apprenticeship.

The sad thing is,even though he couldve died or been permanantly paralysed,im still not sure he has any comprehension of enormity of it all!!

[daniel9878]

It is just possible that the police have decided not to pursue this due to the nature and severity of his injury - they occasionally take this line (they did with me after I crashed a bike and spent 4 months in hospital)

 

Dont rely on it but keep fingers crossed

 

Justice should be served, who payed for the car he wrote off? Has his mate been cautioned?

[jadzia]

I would guess he had to claim off his insurance(car owner),the poor bloke who owned the car actually saved my nephews life,he heard the crash and went out to help.

His friend hasnt been cautioned and refused to make a statement of any kind,he did give him the keys and helmet,but it was my nephew who decided to get on the bike drunk,so his responsibility alone really.

[patdavies]

I would guess he had to claim off his insurance(car owner),the poor bloke who owned the car actually saved my nephews life,he heard the crash and went out to help.

His friend hasnt been cautioned and refused to make a statement of any kind,he did give him the keys and helmet,but it was my nephew who decided to get on the bike drunk,so his responsibility alone really.

 

 

From what you've told us, the friend should be charged with 'permitting'; as he provided the keys and helmet then 'abetting' may also be appropriate.

[daniel9878]

A person is also guilty of permitting a vehicle to be used without insurance. A person who uses, or allows a vehicle to be used without insurance, does not have to know that the vehicle is uninsured or intend to drive without insurance.