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#Post#: 93668--------------------------------------------------
Speed awareness course - can police still prosecute if the cours
e isn't completed?
By: RT601-303 Date: October 11, 2025, 5:42 am
---------------------------------------------------------
Reason I ask is the course date is 7 months after the date of
the (alleged) speeding offence and my understanding is that they
must prosecute within 6 months - so if that 6 month date has
been and gone....
Another question, this came up while discussing this with a few
friends over a drink, and somebody came up with this, which I
found intriguing:
"If you don't rate the content of the course why not ask for
your money back or do a chargeback if they refuse? Under the
Distance Selling Regulations any product or service must be fit
for purpose, if it isn't you're entitled to your money back."
As a retail business owner I thought about this and I think he
actually has a valid point. I probably wouldn't try it but it's
an interesting point, as the course payment fee is a bill, not a
fine. Is he right?
#Post#: 93671--------------------------------------------------
Re: Speed awareness course - can police still prosecute if the c
ourse isn't completed?
By: roythebus Date: October 11, 2025, 6:03 am
---------------------------------------------------------
Some interesting points there, and if you don't do the course
some different points.
I've done a few of these courses over the years and I've found
that sometimes the course tutor (?) asks the wrong question.
Rxample, he shows a NSL sign and asks "what is the speed limit
here?" Someone raises a valid point, "what am I driving?". A
car, bus, lorry, towing a trailer? There's been several similar
wrong questions that have slipped my mind.
#Post#: 93672--------------------------------------------------
Re: Speed awareness course - can police still prosecute if the c
ourse isn't completed?
By: andy_foster Date: October 11, 2025, 6:15 am
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They have 6 months to instigate court proceedings for the
speeding offence, from date of offence. They cannot protectively
instigate proceedings (raise the paperwork in case they decide
to prosecute and then sit on it until some contingent event
occurs/doesn't occur).
The reason that course offers are generally not made much beyond
3 months, and the requirement is generally that courses must be
completed by about 4 months is to avoid this issue.
#Post#: 93674--------------------------------------------------
Re: Speed awareness course - can police still prosecute if the c
ourse isn't completed?
By: RT601-303 Date: October 11, 2025, 7:18 am
---------------------------------------------------------
[quote author=roythebus link=topic=8361.msg93671#msg93671
date=1760180621]
Some interesting points there, and if you don't do the course
some different points.
I've done a few of these courses over the years and I've found
that sometimes the course tutor (?) asks the wrong question.
Rxample, he shows a NSL sign and asks "what is the speed limit
here?" Someone raises a valid point, "what am I driving?". A
car, bus, lorry, towing a trailer? There's been several similar
wrong questions that have slipped my mind.
[/quote]
Yes, your point reminds me of a question about braking or
stopping distances I was asked on my driving test, back in the
70's - The examiner asked what the braking (or stopping, can't
remember) distance was for a certain speed and I said it was
irrelevant as it depended on the condition of the car, brakes
etc, the road condition and the driver's reaction time. He said,
"I can't really argue with that". I passed.
We had a really interesting conversation and some other points
came up too - another one was "What qualifications does the
tutor have, based on the point that 'if you don't complete the
course to his satisfaction he can refer you back to the police
who can then go ahead with a prosecution if they choose to do
so'," - i.e. on what legal basis do they define "completing the
course to the tutor's satisfaction? I'm probably more
experienced than he is!
Love the sig, I was a bus driver too for a while, long time ago.
#Post#: 93680--------------------------------------------------
Re: Speed awareness course - can police still prosecute if the c
ourse isn't completed?
By: RT601-303 Date: October 11, 2025, 8:00 am
---------------------------------------------------------
[quote author=andy_foster link=topic=8361.msg93672#msg93672
date=1760181342]
They have 6 months to instigate court proceedings for the
speeding offence, from date of offence. They cannot protectively
instigate proceedings (raise the paperwork in case they decide
to prosecute and then sit on it until some contingent event
occurs/doesn't occur).
The reason that course offers are generally not made much beyond
3 months, and the requirement is generally that courses must be
completed by about 4 months is to avoid this issue.
[/quote]
I seem to remember that the paperwork said my course had to be
completed within 6 months, but I could be wrong. I remember I
was quite surprised as I expected it to be fairly soon, after
all aren't they supposed to be teaching us how to drive more
safely? If it's important enough to photograph us for going a
few miles over the limit I would expect it to be important
enough to get the course in front of you as soon as possible.
I'm going to be away for a couple of months (contractual
obligation) which may run over time so I chose the latest date I
could, that being just 2 days before the date by which I need to
complete the course. I'm sure it was 6 months, I'll check, but
it will definitely be over 7 months since the date of the
offence.
#Post#: 93683--------------------------------------------------
Re: Speed awareness course - can police still prosecute if the c
ourse isn't completed?
By: NewJudge Date: October 11, 2025, 8:22 am
---------------------------------------------------------
[quote]i.e. on what legal basis do they define "completing the
course to the tutor's satisfaction? [/quote]
Courses have no legal basis whatsoever. There is no legislation
covering either them being offered, taken or satisfactorily
completed. Everything about the process is at the discretion of
the police.
I suppose if you paid for a course and the police claim you did
not complete it satisfactorily you could make a claim for
reimbursement if you could show you did actually complete the
course properly. However, legally that would not prevent the
police from prosecuting you.
I suppose if they did you would have to to argue that a
subsequent prosecution was an "abuse of process". Even though
courses are outside the law, the police have taken money from
you (via the course provider whom you pay) with a pledge not to
prosecute you provided the course is completed satisfactorily.
But that's only guess as it is outside my knowledge.
[quote]I'm going to be away for a couple of months (contractual
obligation) which may run over time so I chose the latest date I
could, that being just 2 days before the date by which I need to
complete the course. I'm sure it was 6 months, I'll check, but
it will definitely be over 7 months since the date of the
offence.[/quote]
You may find that if you fail to complete the course by the six
month deadline (whether you've booked one or not) they may
prosecute you. Many forces have a habit of leaving beginning
court proceedings until a day or two before the deadline is up.
You may return from your trip to find a "Single Justice
Procedure Notice" on the doormat.
You have two choices: ring them up to find out or don't. If you
do, it my stir them into action when they might not otherwise
have done so. If you don't and they do propose to prosecute you,
you will be faced with much larger bill and penalty points.
#Post#: 93686--------------------------------------------------
Re: Speed awareness course - can police still prosecute if the c
ourse isn't completed?
By: RT601-303 Date: October 11, 2025, 8:39 am
---------------------------------------------------------
Thanks, appreciated.
Re. the first part, there seems to be very little information on
this, the only thing I can determine is that you "may" be
reported to the police who "may" consider prosecuting you for
the offence if the course is not completed to the tutor's
satisfaction.
I'm just curious on what basis the police could prosecute you if
the course is "not completed satisfactorily" as there are no
rules (or even guidelines as far as I can tell) that define what
is meant by completing the course satisfactorily...and if they
can prosecute you at all if the course date doesn't occur until
7 months after the date of the offence.
Re. the second part, I think you've misinterpreted my comment.
I'm not suggesting I'm going to be away when the course is due
to take place, what I'm saying is I deliberately left it as late
as possible because I know that I'm shortly going to be away for
a couple of months. It may be longer but it's highly unlikely
that I won't be back before the start of the course, I just
wanted to make sure I reduced the (outside) possibility of that
occurring by booking the course as late as possible.
#Post#: 93696--------------------------------------------------
Re: Speed awareness course - can police still prosecute if the c
ourse isn't completed?
By: andy_foster Date: October 11, 2025, 9:32 am
---------------------------------------------------------
The basis for any prosecution for speeding is the allegation and
evidence that you were speeding. That should not need to be
explained.
You have now decided to drip feed us with a vague reference to a
stipulation that the course must be completed within a timescale
that precedes your course date. If they decide to instigate
court proceedings on or after that date, but within 6 months of
the date of the alleged offence, then the legal basis for the
prosecution would be as described at the top of this post.
#Post#: 93702--------------------------------------------------
Re: Speed awareness course - can police still prosecute if the c
ourse isn't completed?
By: RT601-303 Date: October 11, 2025, 10:05 am
---------------------------------------------------------
Sorry, but I have not "decided to drip feed (you) with a vague
reference to a stipulation that the course must be completed
within a timescale that precedes (my) course date". I don't even
fully understand your comment; In fact the exact opposite is
true - I specifically stated in my very first sentence that "the
course date is 7 months after the date of the (alleged) speeding
offence and my understanding is that they must prosecute within
6 months". I'm not sure what part of that is causing any
confusion.
I'm not disputing any of the content of your first sentence and
frankly I've no idea why you even chose to bring it up. All I'm
trying to establish is whether or not any action can be taken
beyond the 6 month point following the date of the alleged
offence as it may also be helpful to others and it's an
interesting point GIVEN THAT the paperwork I received suggests
that the matter will be referred back to the police and I would
be potentially liable for prosecution if the course is not
"completed successfully".
It's a simple question, can they prosecute or not in these
circumstances given that the course date is 7 months after the
date of the alleged offence? I'm not sure what part of that is
causing any confusion. My assumption based on my understanding
of the 6 month rule is that there is nothing the police or
authorities can do.
#Post#: 93703--------------------------------------------------
Re: Speed awareness course - can police still prosecute if the c
ourse isn't completed?
By: RT601-303 Date: October 11, 2025, 10:16 am
---------------------------------------------------------
[quote author=RT601-303 link=topic=8361.msg93702#msg93702
date=1760195132]
Sorry, but I have not "decided to drip feed (you) with a vague
reference to a stipulation that the course must be completed
within a timescale that precedes (my) course date". I don't even
fully understand your comment; In fact the exact opposite is
true - I specifically stated in my very first sentence that "the
course date is 7 months after the date of the (alleged) speeding
offence and my understanding is that they must prosecute within
6 months". I'm not sure what part of that is causing any
confusion.
I'm not disputing any of the content of your first sentence and
frankly I've no idea why you even chose to bring it up. All I'm
trying to establish is whether or not any action can be taken
beyond the 6 month point following the date of the alleged
offence as it may also be helpful to others and it's an
interesting point GIVEN THAT the paperwork I received suggests
that the matter will be referred back to the police and I would
be potentially liable for prosecution if the course is not
"completed successfully".*
It's a simple question, can they prosecute or not in these
circumstances given that the course date is 7 months after the
date of the alleged offence? I'm not sure what part of that is
causing any confusion. My assumption based on my understanding
of the 6 month rule is that there is nothing the police or
authorities can do.
[/quote]
* I've just read part of the terms and this is the relevant
part:
"you fail to participate fully during the Course the trainer may
ask you to leave. In these instances, you may not be able to
reschedule, and you may be referred back to the Police".
There are various similar comments, such as if you fail to
appear for the course etc. in which the same scenario would
apply. This refers to the AA Drivetech version but I would
imagine other speed awareness courses have similar terms. I
don't have a copy of the original form to hand but it definitely
included a comment which stated that if you failed to complete
the course "to the trainer's satisfaction" that it may be
referred back to the police.
Not sure how much more information I can add to clarify the
point.
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