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F E Smith
F E Smith, Advocate
Category: Immigration Law
Satisfied Customers: 9436
Experience:  I have been practising for 30 years.
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Can I be procecuted for a fixed penalty notice after 3 years

Customer Question

Can I be procecuted for a fixed penalty notice after 3 years
Submitted: 11 months ago.
Category: Immigration Law
Expert:  F E Smith replied 11 months ago.

May we have the background please?

Customer: replied 11 months ago.
I was stopped by a policeman on a motor bike for not wearing a seat belt August 13th 2013 which I accept it is very hard to remember exactly what was said but I do Rember him saying not to worry as I will be offered a course and no points will be involved. Nothing has happened till 17th of August till I got an offer of a course for £36 from the AOCPO working with the AA
I have not received any communication from the police. I cannot remember being cautioned at the time or being given a ticket. I obviously would like to pay the £36 if I have to and not to proceed to the £100 fine and points.
Expert:  F E Smith replied 11 months ago.

The police must serve a notice of intended prosecution within 14 days of the alleged offence. If you are stopped at the time, it is likely to have been given verbally, it doesn’t have to be in writing..

The police then have six months to “lay the information” in front of the magistrates with a view to prosecution. If they do that but then decide to take it to court a couple of years later, would get thrown out for abuse of process.

Whether you pay the £36 or not would really come down to whether you want to risk going to court. If you went to court on this, you should get it thrown out but there is always a risk. It will also mean a full day in court because you never know when you going to get called and that time may be more valuable to you.

Can I clarify anything for you?

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Best wishes.

FES

Customer: replied 11 months ago.
Thank you, ***** ***** take my chance in court. Worth the £13
Expert:  F E Smith replied 11 months ago.
I am glad to help. Best wishes.

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