Speeding offence - how long for court summons?

[sharkfin]

Can anyone tell me how long the police and/or the courts have got from the date of a speeding offence to give you a court summons, before it is time barred? Is it six months just for them to begin court proceedings (without having to inform you) or six months for them to actually get the summons out to you?

 

I have an outstanding speeding offence that's coming up to the six month limit and the police seem to have been looking for me at my old address to issue a summons to me. I did update my driving licence with my new address ages ago, and as the DVLA has my new address on file I'm not sure why they're going to my old address...

 

But if I get to the six month date without them having realised they're going to the wrong address, does the offence disappear?

 

Or is that too easy? They've obviously tried to start the court procedures already...

 

(Fingers crossed!)

[ukaviator]

Hi Sharkfin

 

You will normally receive a Notice of Intended Prosecution (NIP) detailing the offence, and a document called a Section 172 notice. You must respond within 28 days, using the Section 172 notice to nominate the person who was driving at the time of the alleged speeding offence. Not doing so is a separate, specific offence which could lead to a fine and penalty points being added to your driving licence.

 

If you were stopped by the police for speeding, the officer can give you a verbal warning of prosecution instead. An NIP is not required if the offence happened as part of a road traffic accident. The police have up to six months from the date of the offence to start speeding court proceedings.

 

They may have given up on you.

[sharkfin]

As I say, they've obviously started court proceedings already, as they've been out to my old address and left a card asking me to go to the local station and collect a court summons within the next 48 hrs. As I don't live there any more, I didn't find it till 10 days after they delivered it. And as I haven't been up to any other mischief, it has to be for a speeding offence committed back before Xmas.

 

I didn't get a NIP; it was a fixed penalty notice that I did send off at the time, but which arrived outwith the 28 day payment period due to the postal strikes. They returned my driving licence and the uncashed cheque to me along with a letter saying they couldn't accept late payments so they were referring it on to the Procurator Fiscal.

 

I'm just asking, does the stated six month period mean six months for them to just BEGIN proceedings (in which case I'm screwed, as they already have!) or six months for them to actually get the summons delivered to you (in which case I might have a chance at escaping it)...

[asmodeus]

Without posting in great detail to give away who you are

 

Did you move just before or after the offence ?

 

How long after moving did you notify the DVLA ?

 

As you appear to have been caught by a policeman rather than a camera did he take your address at the time or have they got it from the DVLA

 

Postal strike may be counted as circumstances beyond your control if you have proof of posting to show that the cheque was sent off to arrive before the 28 day deadline by normal post ?

 

I assume they did not return the date stamped envelope you sent the payment in

[sharkfin]

I'm not going to post up any details at all because it's an unusual situation and even the vaguest of details are rather distinctive. I may be being paranoid, but I'd rather be safe than sorry. Thanks for the info, both of you, but the only thing I want to know is whether it's six months to get the summons into your hand or six months merely to begin court proceedings.

 

And no, they didn't return the date stamped envelope. They did send back the cheque stapled to their letter so that is proof of a sort I suppose of when I sent the cheque.

[lamma]

I think that in scotland they have to get you in court within six months rather than lay the information within six months.

[sharkfin]

Ah. That's what I'm hoping! I'd be happy to fess up and take the points if they actually got the summons out to me but if they're too daft to find me at an address that's on record with the DVLA, well, that's not my problem.

[david1605red]

They have 6 months from the offence date to "lay an information", i.e. to send paperwork to court which generates a summons.

 

The fact that the police haven't yet tracked you down may count against you; you could be tried and convicted in absentia.

[sharkfin]

Even if I've updated all official records as required by law? The DVLA has my new address and I don't understand why the police haven't just sent their summons here...

[lamma]

summons can take a couple of months after the six months limit. they only have to lay the information within the six months, issuing a summons comes after that and is not the same thing.

[patdavies]

summons can take a couple of months after the six months limit. they only have to lay the information within the six months, issuing a summons comes after that and is not the same thing.

 

To split hairs, they are the same thing.

 

Laying of information before the Court is not simply sending it. Technically, it has to be put in front of a Magistrate to issue a summons. However, in this electronic age, these things are dealt with almost automatically.

 

Provided that the DVLA's information is correct, they have `14 days to serve a NIP (that is not post, but post in order that it will be delivered in the normal course of delivery (ie they need to allow 2 business days for delivery).

 

Once they decide to go to Court, they have up to 6 calendar months to lay information before a Magistrate for the issue of a summons.

 

Once they have a summons, under English law, there is no limit on serving it. However, under EU Court precedent, they have 3 years from the date of issue.

[lamma]

laying the information is for speeding is normally done my computer. have seen lots of cases with summons' with dates way past the information date.

[JimmySpangle]

How long??? Usually 297mm. (A4 size).

 

Hope that helps........ put a smile to this.

[lamma]

have seem summons' dated 3 months later than the date the information was laid.

[sharkfin]

"Once they have a summons, under English law, there is no limit on serving it. However, under EU Court precedent, they have 3 years from the date of issue."

 

But what about Scottish law?

[lamma]

I believe that in Scotland they have to get you in court within six months of the data of the alleged offence. Post six.