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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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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: 2 months ago.
Category: Law
Expert:  Jo C. replied 2 months ago.

is he charged with failing to notify?

Customer: replied 2 months ago.
Expert:  Jo C. replied 2 months ago.

Why didn't he notify?

Customer: replied 2 months ago.
Did but outside timescales as could not read forms and write answers
Expert:  Jo C. replied 2 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 2 months ago.
Required answer was 7 days and no one available to ask to read forms
Expert:  Jo C. replied 2 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 2 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 2 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 2 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 2 months ago.

It may be.

It does not give rise to a defence to S172.

Customer: replied 2 months ago.
Ok thanks
Expert:  Jo C. replied 2 months ago.

No problem.

All the best.

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