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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: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

Were you speeding?

Customer: replied 10 months ago.
No, my speed was consistent with the cars and HGVs around me...
Expert:  Jo C. replied 10 months ago.

Why does that mean you weren't speeding?

Customer: replied 10 months ago.
HGVs are speed limited, cars and trucks were all travelling at the same speed within the limit
Expert:  Jo C. replied 10 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 10 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 10 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 10 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 10 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 10 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 10 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 10 months ago.

Ok.

Good luck with this.

Customer: replied 10 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 10 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 10 months ago.
Hi - I am still waiting for an answer...
Expert:  Jo C. replied 10 months ago.

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

Best of luck.

Customer: replied 10 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 10 months ago.

Sorry, can't help.

Expert:  Nicola-mod replied 10 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Jamie-Law replied 10 months ago.

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

What else would you like to know?

Customer: replied 10 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 10 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 10 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 10 months ago.

That can be used and is successful on a regular basis

Does that clarify?

Expert:  Jamie-Law replied 10 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 10 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 10 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: 3990
Experience: Solicitor
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Customer: replied 10 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 9 months ago.

Have you looked in the index

Customer: replied 9 months ago.
no specific reference to continuity. Are there any test cases I could use?

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