Section 172 notices
A short post on section 172 notices this afternoon. I tend to focus on drink driving offences, although I do undertake any type of motoring law case if asked, so section 172 notices pop up from time to time in my work. If you don’t already know, section 172 of the Road Traffic Act 1988 requires the registered keeper of a vehicle to identify the driver of the vehicle when the police allege that the driver at the time was responsible for an offence. If you’ve ever had a speeding ticket through the post then you will probably have been sent one of these documents sent out with the Notice of Intended Prosecution. Failing to provide the information is an offence in itself that carried a fine and six penalty points. There are technical legal defences but the most common defence I’ve seen is people giving evidence that they did return the form but it got lost somewhere along the line. In general, when a person gives evidence that they posted the section 172 notice having comple...

Ha ha. Brilliant.
ReplyDeletewhat about no penalty ie fine or prison imposed without a hearing
ReplyDeleteTwo things, first I think that's contained in the 1297 version rather than the one signed by King John in Runnymede that is usually cited. While it is technically still in force, it lacks any real bite today partly because it was only ever intended to grant protections to the Barons rather than to the common man and because it is actually pretty vague. Secondly, that clause requires no punishment to be imposed "... but by lawful judgment of his Peers, or by the Law of the Land." The Justices of the Peace Act 1361 also provides that punishment shall be administered only in accordance with the law. The far more recent and enforceable European Convention on Human Rights, as enacted by the Human Rights Act 1998 provides far stronger protections in Articles 4, 5, 6, 7 , 8, 9, 10 and 11 than any version of Magna Carta or the JPA 1361 grants.
DeleteAlso, this may be a crass point but if you rely on the HRA in court nobody will laugh at you. Although, in my experience you should bring a pile of textbooks that you can lend to the judge because they often seem unfamiliar with the whole thing.
But Forest Law is so important. I need to collect firewood for my woodburner and not have my ears chopped off for disturbing the King's deer!
ReplyDeleteHi Linda. Yes I am a fuckwit and would like to buy some of your made-up bollocks. Shall I send you all my personal and financial details now, or would you prefer to reel me in a bit with your so convincing gobshite? D
ReplyDelete