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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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Regarding my forthcoming hearing for a speeding conviction a

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Hello - regarding my forthcoming hearing for a speeding conviction a previous answer suggested that if the CPS do not have the mobile camera operators s.9 witness statement that their case is weak. Is it correct to assume that the magistrate may not accept the camera operator's supervisor's s.9 witness statement (as they were not at the scene of the alleged offence) and dismiss the case?
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

Were you speeding?

Customer: replied 6 months ago.
No, my speed was consistent with the cars and HGVs around me...
Expert:  Jo C. replied 6 months ago.

Why does that mean you weren't speeding?

Customer: replied 6 months ago.
HGVs are speed limited, cars and trucks were all travelling at the same speed within the limit
Expert:  Jo C. replied 6 months ago.

Yes, but that doesn't mean they haven't been tampered with or cannot exceed a limit other than 50 mph?

Were you told to run a defence on that basis?

Customer: replied 6 months ago.
No, my defence is based upon incorrect operation of speed camera equipment, the CPS does not have an operator's witness statement for the offence. They have a video of the alleged offence.
Expert:  Jo C. replied 6 months ago.

I'm really sorry but Im afraid whoever has been advising you is greatly over estimating the value of that evidence.

They will have the original statement. They might well not have produced it because they are in chaos but that doesn't mean they can't lay hands on it if they need to.

Expert:  Jo C. replied 6 months ago.

In any event, they can still rely on the findings.

You can challenge that and then they will just call him to give evidence from his notes.

This is nothing like a weak case.

I'm afraid you are at risk of a large costs order.

Customer: replied 6 months ago.
They don't have it because the operator has left the force (possibly due to misconduct) all they have is the operator's supervisor's s.9 witness statement and they were not at the scene, they did not witness the setting up or operation of the equipment, so they can't say for sure it was operated correctly..
Expert:  Jo C. replied 6 months ago.

Oh yes, they can.

They will just call him and he can give evidence from his notes.

You will be convicted.

I'm really sorry but I'm afraid that you have just plain been given unrealistic advice.

Customer: replied 6 months ago.
the CPS is relying on the current s.9 statement, the CPS has said the operator that has left the force will not be called
Expert:  Jo C. replied 6 months ago.

Ok.

Good luck with this.

Customer: replied 6 months ago.
I wanted to avoid talking about my defence in detail as one of JustAnswer's other Barristers suggested I have a strong argument. My real question was concerning judicial precedent, what is/are the leading case(s) regarding lack of or inappropriate s.9 witness statements?
Expert:  Nicola-mod replied 6 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 6 months ago.
Hi - I am still waiting for an answer...
Expert:  Jo C. replied 6 months ago.

Sorry but I've opted out because you left a negative rating.

Best of luck.

Customer: replied 6 months ago.
My response was meant for Nicola who is apparently looking for a new professional to assist me. I was under the impression you had opted out on the 6th?
Expert:  Jo C. replied 6 months ago.

Sorry, can't help.

Expert:  Nicola-mod replied 6 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Jamie-Law replied 6 months ago.

Hello my name is ***** ***** I will help you with this.

What else would you like to know?

Customer: replied 6 months ago.
Hi - A JustAnswer Barrister suggested I have a strong argument regarding the CPS not having an operators witness statement. My question concerns judicial precedent, what is/are the leading case(s) regarding lack of or inappropriate s.9 witness statements and the probability that charges will be dismissed?
Expert:  Jamie-Law replied 6 months ago.

The CPS can bring whatever evidence they want to support a prosecution.

In terms of S.9 statement if it is not brought then you can challenge it on that basis - that is there is no continuity.

That is the only basis on which it can be challenged.

Speeding cases are not reported as they are in the Magistrates Court - these proceedings are not reported or even recorded

Can I clarify anything for you about this today please?

Customer: replied 6 months ago.
Hi thanks, ***** ***** (reliable) is the no continuity principle as a defence? The CPS has already stated that they will not be calling the operator as a witness as she has left the force, and they do not have her statement. They are relying on the statement of her supervisor who was nit even at the scene, but in an office 20 miles away
Expert:  Jamie-Law replied 6 months ago.

That can be used and is successful on a regular basis

Does that clarify?

Expert:  Jamie-Law replied 6 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help.

Customer: replied 6 months ago.
Hello - Thanks for your answer. Is the principle of continuity established where I can reference it. I know Magistrates Court hearings are not reported, but it would be useful to have some form of reference or precedent which I can use?
Expert:  Jamie-Law replied 6 months ago.

You need to get the book Archbold - it will be in there and this is the practioner book.

Does that clarify?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 2568
Experience: Solicitor
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Customer: replied 6 months ago.
Hi - Thanks for the reference. I have Archbold in front of me and there is no specific reference in the index either under the general principle of continuity or under evidence. Can you be a little more specific? Thanks.
Expert:  Jamie-Law replied 6 months ago.

Have you looked in the index

Customer: replied 6 months ago.
no specific reference to continuity. Are there any test cases I could use?

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