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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70408
Experience:  Over 5 years in practice.
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I was caught speeding in a 40mph speed limit doing 55mph. The

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I was caught speeding in a 40mph speed limit doing 55mph. The police officer was parked at the side of the road, partly hidden by bushes & trees. He was in an unmarked police vehicle, and was sat in his car with a speed gun. The road was signed for 40mph, but didn't have any signage for police cameras or speed cameras. I have been issued with a £100 fine and 3 points or a court hearing. I spoke to another police officer and they told me that I could possibly call it entrapment?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Never take advice from police officers. They have absolutely no idea.
Entrapment is not a defence in the Uk. It is part of an abuse of process argument and the case law is quite clear that they have to do more than just observe an offence taking place. To bring a matter within entrapment you have to show that they have put you under so much pressure to do something that you would never normally do that it would be unconscionable to prosecute.
All they have done here is hide behind some trees and observe speeding motorists which is nothing even remotely like entrapment.
Take the NIP. You will be convicted at court and made to pay costs which this officer who is giving you this advice will not pay for you.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

So the best thing for myself to do is to take the fine and penalty points? there is nothing I can appeal against without going to court? Would I be able to request a speeding seminar?

Expert:  Jo C. replied 2 years ago.
Unless you have a positive defence that is certainly right.
You don't request speed awareness courses but if they are available in the area and you don't have any other points then probably they would make that offer. This isn't the highest speed.
Customer: replied 2 years ago.

So with the police officer hiding,theres nothing I can say about that?

Expert:  Jo C. replied 2 years ago.
All that is a complete myth I’m afraid.
There is no obligation to highlight the presence of a speed detection device at all. They are perfectly free to high them behind overgrown trees and catch motorists by stealth in law. Speeding is a crime like any other. The police are under no obligation to warn people of their crime detection methods. In fairness, if test purchase officers had to warn people of their presence they would never catch any dealers and the different here is just one of degree unfortunately.
The ACPO guidelines do say that they should be highlighted. They are just guidelines and not law. Many of the Constabularies ignore them and there has been case law that weakens any need to enforce them.
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