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DIR Return to: Speeding and other criminal offences
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#Post#: 49909--------------------------------------------------
No SJPN After 6 months
DIR By: Jango_53
Date: December 15, 2024, 8:22 am
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I was wondering if anyone could advise me on the following:-
On the 04/06/24 I was caught speeding doing 50mph when the
variable speed limit on the motorway was 40mph.
I was issued a NIP on 06/06/24, which within a few days
confirmed it was myself driving.
I then didn't hear anything at all until the 09/12/24 when a
CoFP was issued which was dated 04/12/24 (one day short of 6
months).
It has now been over 6 months and I still haven't received an
SJPN.
I don't dispute the speeding offense, but if I haven't received
an SJPN within 6 months (regardless of a very late CoFP) has my
offence been 'thrown out'.
Thanks for any help.
#Post#: 49919--------------------------------------------------
Re: No SJPN After 6 months
DIR By: 666
Date: December 15, 2024, 8:46 am
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No. The police must start proceedings within six months. It may
take some weeks for the paperwork to reach you
#Post#: 49922--------------------------------------------------
Re: No SJPN After 6 months
DIR By: Jango_53
Date: December 15, 2024, 8:57 am
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Can they start proceedings if I haven't been given 28 days from
the date on the CoFP?
Not withstanding this would the 28 days stated on the CoFP still
apply? Even if 6 months has past since the offense?
#Post#: 49945--------------------------------------------------
Re: No SJPN After 6 months
DIR By: andy_foster
Date: December 15, 2024, 10:24 am
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666 is technically correct in respect of your narrow question,
completely ignoring the context. In much the same way that a
chocolate teapot can be used to make tea as long as the water is
cold.
The 6 months time limit is for instigating court proceedings,
not for you to receive the SJPN, appear in court, or any other
event which does not consist of issuing the Written Charge and
SJPN.
They cannot lawfully instigate proceedings within the 28 day
suspended enforcement period of the COFP, so any COFP issued
from just after 5 months would be a get out of jail free card
(assuming that you do not accept their COFP).
Back in the days of hypothecation (when the police received the
fixed penalties and deducted their "operating expenses" before
passing whatever wasn't left to the treasury), the police would
often issue COFPs too late to prosecute if they were not
accepted. Since that stopped (to be replaced by taking a £35+
cut from every speed awareness course they manage to sell), such
incompetence has been quite rare.
BTW, since when is 04/12/2024 not 6 months after 04/06/2024, but
a day shy?
#Post#: 49949--------------------------------------------------
Re: No SJPN After 6 months
DIR By: Jango_53
Date: December 15, 2024, 10:38 am
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Thank you for your response... sorry the date on the CoFP was
03/12/24... it was one day short.
So I have been incredibly lucky? Presuming I don't response to
the COFP.
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