I have been told by the Police that, in order to get access to the evidence and to satisfy myself that the camera had been calibrated, I would have to allow the case to go to court.
If I do that, I would lose the opportunity to attend a driver/speed awareness course in lieu of 3 penalty points and the fine would be likely to be in excess of the £60 that would apply if I accept a fixed penalty notice. I do not really want to go to court. If I am satisfied that the evidence is sound, I would accept the penalty.
My question concerns the legality of the Police refusing to provide evidence unless I opt for court. I was told by another force a couple of years ago that, under Human Rights legislation, I must be able to see the evidence against me and that I cannot be penalised financially for doing so. Is this correct?
The Police Force handling this case have told me that this is primary legislation and it overrides the Human Rights Act. Is that so?
The police are right and you are wrong I’m afraid. You don’t get to see the evidence until you take the case to court. It’s not a matter of human rights. The fixed penalty offer is supposed to be a fast and cheap method of getting it over and done with. If you are convinced you were speeding then take the fixed penalty.
If you are sure you weren’t speeding then reject it and take the matter to court – but you will be at risk of higher fines and court costs if you lose.
A human rights argument would only kick in if you were being denied the right to a trial. You are not. The police are inviting you to take it to court and have a trial if you don’t accept that you were speeding. If they refused to show you the evidence at court you would have a similar argument.
I’m afraid you cannot have it every way. If you accept you were speeding take their offer – if you don’t then take it to court and fight it but accept the risks involved.
Come back to me if you would like my help and you are up for a fight.
Have you got any points already? If so, how many?
What is the speed alleged?
Sorry to be so robust but you have to understand that the police are in the stronger position right now and you are at risk of talking this up into court proceedings if you refuse to take the ticket.