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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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I live in the UK and have done

Resolved Question:

Hello, my name is Kevin.
I live in the UK and have done so all my life. I was born here.
I have no education on UK law or statutes, however, I have 10 years of research on UK criminal law statutes. So Hypothetically, if a friend of mine had asked me to represent him at a magistrates trial (assuming he had been charged and pleaded not guilty at the first court hearing, so it is going to trial on a summary offence)
He has been accused of a breach of The "Road Vehicles Lighting Regulations 1989"
He was displaying blue flashing lights (in addition to a steady white light positioned offside on the handlebars & a steady red light at the back of the bike).. on the front of his road legal pedal cycle on a public road at night. He had no intention of pretending to be anything other than a member of the public on a pedal cycle. if the police arrested him for impersonating a police officer (despite no police markings on the bike or the rider) is it likely this would stand up in court? does the meet the requirement for the bike rider to be convicted of that offence? As ambulance, fire & coastguard also use blue lights what if the cyclist claimed he was pretending to be an ambulance but not offering any medical help to anyone.
What is the maxuiam sentance if someone is convicted of a breach of "The Road Vehicles Lighting Regulations 1989"
could i represent the accused with there consent even though I have no legal education?
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You do not have rights of audience so should not be allowed to represent him. That said, you never know what is going to happen at the Magistrates Court. They make the rules up as they go along. I have seen Magistrates let people act as McKenzie friends even though there is no basis to do so at all.
If you accept that he was displaying flashing blue lights then his account is not a defence and so he should plead guilty. The RTA are mostly of strict liability It doesn't matter what he intended.
The maximum sentence is only a fine though.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thank you for your reply. Assuming he pleads guilty to the offence of displaying blue flashing lights on his bike, will he go to prison? what is the worst outcome for him?
Customer: replied 1 year ago.
My appolagies you did say that The maximum sentence is only a fine. May I ask, a fine under what level on the standard scale?
Expert:  Jo C. replied 1 year ago.
No. It would just be a fine.
Flashing blue lights would only attract between 75-125% of his weekly income.
His risk is costs especially if he has pleaded not guilty although the Bench might let him off paying costs on the basis that he hasn't had legal advice. Again, you never really know what will happen at the Magistrates court.
Customer: replied 1 year ago.
Thank you for your reply. is it possible that the fine could be more the 125% of the weekly income? if so what is the maximum. I realy need to know thw max punishment that can be put down for this summery offence.
Expert:  Jo C. replied 1 year ago.
It shouldn't be.
They can go outside of the guidelines but they need a reason to do that. It is not as simple as just showing that they think it is appropriate.
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