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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2257
Experience:  Dual qualified Solicitor and Attorney
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The police want to issue a S59 to my 14 year old grandson

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The police want to issue a S59 to my 14 year old grandson for riding his scrambling bike on thee road. On the date and time they say the offence happened, my grandson was in school so could not have possibly been him or his bike. He was stopped by police whilst pushing his bike to repair shop and was told he had just been seen riding it, My grandson told the officers the bike had a broken chain and as not working. But they said it could have just broken down. my Grandson offered them the chance to feel the engine which was stone cold but they ignored him. My question is, are the police able to do this even though he was not in the area at the times and date they specified ?
JA: Since laws vary from place to place, where is this? And when did this happen?
Customer: Thetford, Norfolk. The apparent offence was recorded on 1st October 2019. The stop whilst pushing his bike was tuesday 8th October 2019
JA: Do you need to appear in court?
Customer: I don't think so. The Police want to issue a S59 despite the fact that my grandson was not in the area specified on the date nd time they are referring to so could not have been him, therefore innocent of all charges.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I don't think so. Thank you
Jeremy Aldermartin

Hi thank you for your message, as your grandson can provide testimony from the school that he was at school at the time of the alleged offending has his school been contacted to confirm this so perhaps a statement or alibi could be obtained?

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Customer: replied 1 month ago.
The Police are asking the school to confirm. We have a period of 2 days when he was at home sick but either his mom or i were with him at home, but we're not sure of the dates. if it turns out that the 1st was one of these dates he would have been at home in bed so not riding a scrambler bike. We are now checking the date that he saw his GP during this spell of sickness.
Customer: replied 1 month ago.
I cannot afford £44 to call so please continue in text

Hi thank you for your message, I understand. That would be your best option to try to get some confirmation that he was off sick or was at school depending on the dates. You can then approach the police and show that your grandson could not have been the culprit. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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Customer: replied 1 month ago.
Thank you. If our dates tally up and he cannot possibly be the culprit, can the police still issue the S59 ????

Hi thank you for your message, in essence the police would need to have reasonable grounds for believing that a motor vehicle is being used or has been used in reckless manner, in the circumstances if he could not possibly have committed the offence on account of not being in the area then they cannot have reasonable grounds and thus, have no basis on which they could issue the s59. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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