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#Post#: 64904--------------------------------------------------
Re: Due care, NDORS and police misconduct
DIR By: NewJudge
Date: March 30, 2025, 5:00 pm
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I think (though cannot be sure) that the decision how to proceed
with a particular allegation is not taken by the individual
officer involved. It is taken in a “back office” based on the
report from the officer.
However, it is by the way. You can illustrate and discuss the
finer points of their guidance but it makes no difference. They
have made their decision.
I think instead you need to deal with the situation you are in.
You have a fixed penalty offer which will almost certainly soon
be withdrawn and you must decide whether or not to accept it.
The other issues you mention are somewhat peripheral to that
especially if, as you say, three points will have such a
profound effect on you. Those other issues are almost certainly
not going to be resolved before the police withdraw their offer
and probably not before they must instigate court proceedings
(which they must do within six months of the offence date). When
making your decision you should realise that if you are
convicted in court, careless driving carries a maximum of nine
points or a disqualification.
--- Quote ---
> The issue I have is the disposal not being in line with the
legislation…
--- End Quote ---
Courses offered by the police as an alternative to prosecution
are outside any legislation. The guidance is just that.
#Post#: 64967--------------------------------------------------
Re: Due care, NDORS and police misconduct
DIR By: ManxTom
Date: March 31, 2025, 8:25 am
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--- Quote from: TactiMgr link ---
>
>
> I totally get that it's "discretionary" but it's the lack of
integrity that's my issue. Stating they as the oic have no say
and then them not only having a say but deciding the outcome
just doesn't sit right.
>
>
--- End Quote ---
I don't see that you have any real argument here about the
officer's "integrity". What you said in your initial post was:
--- Quote from: TactiMgr link ---
>
> ... I received a TOR for "driving without due care and
attention" and the made a point of saying they don't normally
have a say in how the matters are dealt with.
>
> I received an COFP a few days later which only gave me the
option of points and a fine which would be hugely impactive to
me, work and volunteering. I queried this with the central
ticket office and they advised the "officer in the case had
advised them the matter wasn't suitable for a driver retaining
course" which is in stark contrast to what they had said (on
body worn video) during the stop...
>
--- End Quote ---
I have no doubt that it is the ususal practice for officers
conducting roadside stops to tell drivers that the final say as
to the outcome is not up to them. That's because they don't
want to get into any protracted debate, negotiation or possible
argument at the roadside. They just want to issue the TOR and be
done with it. But it's obvious that whatever final decision is
made will have to be based on the officer's report - that's
because it's the only source of information available to whoever
makes the decision.
I also don't necessarily see any contradiction or deception in
the officer telling you that they don't normally have a say in
how matters are dealt, but they then issue a report saying that
they didn't consider the matter suitable for a driver retraining
course.
In any case I can't see what difference it makes to you whether
he'd told you that he had no say in the matter or whether he'd
told you that he would report that no course should be offered?
I think your clutching at a straw with this integrity approach -
unless the bodycam recording you have clearly shows that he told
some lie to you that you relied on to your detriment
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