How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70292
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My question relates to abuse of legal process in a traffic

Customer Question

My question relates to abuse of legal process in a traffic offence case in magistrates court.
Police are relying on failour to complete a written questionnaire in a prescribed timescale. Individual does not read and write, diagnosis of dyslexia and functional non reader. Questionnaire was completed but out of timescale as no alternative format document to comply with disability need available.
Is this a viable defense
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

is he charged with failing to notify?

Customer: replied 10 months ago.
Expert:  Jo C. replied 10 months ago.

Why didn't he notify?

Customer: replied 10 months ago.
Did but outside timescales as could not read forms and write answers
Expert:  Jo C. replied 10 months ago.

Ok but why didn't he get somebody to read it to him within the time scale?

In fairness, if it is 28 days and he knew he had received a letter? Why was it ignored?

Customer: replied 10 months ago.
Required answer was 7 days and no one available to ask to read forms
Expert:  Jo C. replied 10 months ago.

I'm really sorry but he should be pleading guilty.

The S172 notice is standard and it is a 28 day period.

Even if it were 7 days though that is quite long enough to find somebody who can read a form. Most people in the UK can read. In any event though, there is no defence to S172 to say that you cannot read.

Expert:  Jo C. replied 10 months ago.

This isn't an issue of disability and therefore the Equal Opps legislation does not apply. This is not to do with dyslexia. People with dyslexia read. They make spell phenotically. They can read.

This is an issue of not being able to read which is not a disability.

Expert:  Jo C. replied 10 months ago.

In any event, there is no defence on either basis.

I'm very sorry but I can only give you truthful information.

Can I clarify anything for you?

Jo

Customer: replied 10 months ago.
No I understand your position but this one is defined as a non reader and eligible to disability benefits.
Expert:  Jo C. replied 10 months ago.

It may be.

It does not give rise to a defence to S172.

Customer: replied 10 months ago.
Ok thanks
Expert:  Jo C. replied 10 months ago.

No problem.

All the best.