No Legal Requirement For Checks On Speed Detection Equipment

Question:

Clarke v CPS 2013 EWHC 366 (Admin)

It’s not easy to defend a speeding allegation and its becoming increasingly difficult with cases like this. The court concluded that the failure of the officer in the case to check the speed detection device himself prior to his tour of duty was not a fatal blow to the prosecution case.

The court made it clear that the defence has to adduce evidence to suggest that the results from the device were unreliable to stand a chance of casting a reasonable doubt. The court concluded that a speed detection device simply corroborates the officer’s initial opinion evidence that the defendant was speeding.

The officer had failed to comply with some of the required checks at the police station and was not present when the measured distance test was carried out. He relied on the evidence from another in that regard. One of the failings in the defence case was that the defendant could give no evidence to contradict the result obtained from the device. The defendant had not checked his speedo at the time of the alleged offence and while the law report is not clear it seems he could give no direct evidence of what speed he was actually doing.



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