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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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Recently my husband reversed in to the back of someones car

Customer Question

recently my husband reversed in to the back of someones car only very minor scrape damage was done,my husband didnt know where the the car owner lived so therefore drove away,on arriving back some hours later the car owner informed him that she had told the police and got a crime ref number,he explained the situation and exchanged insurance details with the car owner and he didnt report the accident at a police station because he seen the carowner few hours later and gave his details and took full responsibility.will the police know about this as in will they contact the owner for a update or will they serve my husband with a summons/postal requesition.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello I am a solicitor with 20 years experience. I will try to answer this for you.
I would be very surprised if your husband was summonsed for leaving the scene of an accident. It would be astonishing if the police were interested in pursuing this. Even though he may not have obeyed the letter of the law he has certainly obeyed it in spirit and one would hope and expect that the police would think there was no public interest in pursuing him.
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Customer: replied 2 years ago.
but the car owner already informed the police because she might of thought he would never tell her but he did eventually and im just wondering if now that she told the police and got a crime reference number will they come to know that hes already given his details and insurance details or will they still wanna question him as it may still be seen as a offence.and are you 100% sure its not an arrestable offence IF police investigate the incident
Expert:  LondonlawyerJ replied 2 years ago.
The police will not necessarily come to know about this and even if they do they will be told that they have the details now and it hard to imagine a police thinking other than "case closed".
The distinction between arrestable and non arrestable offences was abolished some years back and all offences are arrestable now. However, being arrested for this type of offence is very unusual.
Customer: replied 2 years ago.
thank you
Expert:  LondonlawyerJ replied 2 years ago.
.
Customer: replied 2 years ago.
does driving without insurance and a licence be an arrestable offence or is it dealt with by summons
Expert:  LondonlawyerJ replied 2 years ago.
it is a criminal offence and therefore arrestable but usually dealt with by summons. There used to be 2 categories of offence arrestable and non-arrestable but that distinction was abolished some time ago.
Customer: replied 2 years ago.
even if the person is on probation at the time or does that not make any difference
Expert:  LondonlawyerJ replied 2 years ago.
It will probably not make a difference.
Customer: replied 2 years ago.
does breaching a restraining order carry any minimum sentence?
Expert:  LondonlawyerJ replied 2 years ago.
Here are the Sentencing Council Guidelines for breaching a restraining order. You need to remember that they are guidelines not binding law but are usually followed. Also the guidelines assume a conviction after trial and if the person concerned pleads guilty the sentence will be reduced.
http://www.sentencingcouncil.org.uk/wp-content/uploads/web_breach_of_protective_order.pdf