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DIR Return to: Speeding and other criminal offences
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#Post#: 51269--------------------------------------------------
Re: No NIP ever received
DIR By: FuzzyDuck
Date: December 29, 2024, 8:57 am
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It has no legs because they have no evidence of who was driving
at the time.
#Post#: 51280--------------------------------------------------
Re: No NIP ever received
DIR By: NewJudge
Date: December 29, 2024, 10:32 am
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--- Quote ---
> You mentioned the speeding charge has no legs—does this relate
to the time elapsed since the alleged offence? If so, does this
mean I can no longer be charged with this offence,…
--- End Quote ---
You’ve already been charged with it. Unless you plead guilty to
it, it cannot succeed as the police have no evidence that you
were driving. I’ll explain a little more.
Firstly, you will need to perform a “statutory declaration”
(SD). Although you can make an SD before a solicitor, in your
circumstances it will be more straightforward to do so in court
so you need to contact the court to make an appointment.
You will almost certainly be asked to attend to make your SD and
the court's legal advisor will guide you through the process.
You should make your SD within 21 days of learning of your
conviction. A court must accept it if it is made in that time.
They may accept it later at their discretion. If the reason for
a late declaration is solely because you could not secure an
appointment there will be no problem.
The SD has the effect of making the proceedings under which you
were convicted a nullity. This means it is as if they never
happened. Any penalties (fine, costs, endorsement and points)
will be revoked.
When that has been completed the two charges will be put to you
again You should plead Not Guilty to both charges but make the
court aware that you will plead guilty to the speeding charge
if, and only if, the “Fail to Provide Driver’s Details” (FtP)
charge is dropped. This is a common procedure known to all court
users. The effect of his offer is to obviate the need for you to
defend the FtP charge. You may succeed with a defence, but you
may not and a conviction for that offence is best avoided if at
all possible.
You should also ask the court that, since your speed was within
the range where normally a fixed penalty would have been
offered, would they kindly consider imposing a sentence
equivalent to that (£100 and 3 points) rather than sentencing
you in accordance with the normal guidelines. Magistrates have
guidance that suggests they might consider that in your
circumstances.
Although some courts are conducting this process remotely, most
will ask you to attend. If you do, it would be helpful to you if
you could see the prosecutor for your case before you are called
into court. He or she will be well aware of the offer you are
going to make and it will smooth the process a little if they
know what you are going to do. When you arrive at court you will
be asked to check in at reception and you can ask then if the
prosecutor is available.
#Post#: 51307--------------------------------------------------
Re: No NIP ever received
DIR By: Den2024
Date: December 29, 2024, 12:42 pm
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Thank you so much for your detailed and comprehensive response.
I truly appreciate the time and effort you’ve taken to guide me
through this process.
1. Just to confirm, I should not contact West Yorkshire Police
to request details of the original NIP or to formally lodge a
complaint.
2. After speaking to the court, they directed me to this web
form:
Options After Magistrates’ Court Decision
I assume it’s acceptable to complete the form electronically. I
intend to plead not guilty to both offences, but I’m slightly
unclear about the section where it asks whether I want my case
reopened or if I want to make a legal statement. Could you
clarify this for me?
[attachment deleted by admin]
#Post#: 51308--------------------------------------------------
Re: No NIP ever received
DIR By: NewJudge
Date: December 29, 2024, 1:34 pm
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1. No you shouldn't. What are you thinking of complaining about?
2. You do not want your case reopened. That's a different
process. You may find they are "radio" buttons (i.e. you can
only have one or the other). In any case you want the second
option (to make a Statutory Declaration). This is the form you
need for that:
HTML https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fmedia%2F605df1ace90e070c6b572aa1%2Ftsm001-eng.doc&wdOrigin=BROWSELINK
Though it should be supplied by the court.
#Post#: 51309--------------------------------------------------
Re: No NIP ever received
DIR By: andy_foster
Date: December 29, 2024, 1:35 pm
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You want to make a stat dec under s. 14 - which requires the
court to set aside the conviction, not request the court
exercise it's discretion in the interests of justice under s.
142 to re-open the case if it considers it appropriate to do so.
What they call a "legal statement" is a stat dec.
I note that you are asking us to confirm the advice not to
contact the police to ask for a copy of the NIP. Who gave you
that advice - I need to be having words with them.
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