Recently The Times reported that the Association of Chief Police Officers (ACPO) had created a team called Road Safety Support, to help the Police deal with the increasing number of drivers seeking to contest speeding tickets by citing “legal technicalities”. The legal technicalities included challenging whether a speed camera was properly calibrated, that speed signs were obscured or cameras had given false readings. In many cases the Police have failed to secure convictions because they failed to comply with certain aspects of the law when enforcing speed limits.
It is curious that the Police find it exceptional that they must comply with the law when seeking to secure a conviction. In this country, for centuries it has been incumbent upon prosecuting authorities to prove their case by presenting to the Court sufficient evidence of a defendant’s guilt. Should radar equipment not be calibrated properly so that it records a speed of 33 mph for a vehicle travelling at 29 mph in a 30 mph limit, the driver is clearly not guilty of speeding. Where a speed sign is obscured, natural justice requires that a driver unfamiliar with the area should not be prosecuted.
The setting up of this new unit is tantamount to the Police admitting that they were not exercising due diligence when presenting some of these cases to the Court and were failing to ensure that they possessed solid, reliable evidence. It is nothing to do with “loopholes” and everything to do with competent evidence gathering and prosecution.
The Times - Speeding drivers with loophole lawyers
Tough on Liberty, tough on the causes of Liberty