Gosh, this has gone more than a little off-topic, and I can't really see how having a debate on "us versus them", "police officers as revenue collectors" or "all coppers are bent - discuss" is really going to advance things (even if some of those topics are a consequence of misguided Government policy over the last ten years or more).
A few (hopefully *slightly* on-topic points, though.
Quote: Originally Posted by richhamer (original)
What seems most likely to me is that he has suggested that you may want to have a look at your driving style and used the S59 as something to make you really think about the consequences.
Whoa! That's *seriously* out of order. The officer already has the power to advise the motorist about his driving style; what he should not be doing - under any circumstances - is using a different procedure improperly to bring about a particular result. I have already indicated that the section 59 powers are there to deal with anti-social drivers; there is a completely different set of laws to deal with careless drivers. It would be unfortunate if the police were confusing the two, as a number of consequences could flow (for example, if the police choose to issue s59s instead of prosecuting careless driving, you'd see drivers on the road who should have been disqualified for careless driving; or if the Goverment decide that the s59 power is being abused, they could take it away - as may happen to local authorities and some of their RIPA powers).
Quote: Originally Posted by MINI Poser (original)
Prosectuions are dealt with by the CPS.
Very true (though sometimes "investigation" takes a back seat to "gather the minimum amount of evidence necessary, then hope for a confession in the PACE interview").
There's a real issue waiting in the wings, here - and that's the number of arrests that are not being turned into charges because of "precharge advice" from the CPS. I've seen some shockingly bad decisions as a result. Wind the clock back 20-30 years, when it was the desk sergeant's job to make the decision (usually an officer with a couple of decades' worth of experience behind him), before "charging standards", "guidelines" and policies, you'd get a whole lot more common sense than I see in operation nowadays. The courts are getting more and more nervous about leaving decisions to be made by police officers and prosecutors as a result - because they are seeing decisions made "in accordance with policy" rather than decisions made in accordance with common sense.
Quote: Originally Posted by Chilli21 (original)
Try pepipoo for this, great website and they will give you good advice
I'm not at all sure about that. Most of the legal advice given on the internet is worth exactly what you pay for it. Watch out for posts saying "IANAL, but ..." because they'll probably be wrong (there being a good reason why it takes 5+ years to train lawyers). And if someone isn't bright enough to say "IANAL", then they're almost certainly not bright enough to be worth listening to at all.
I've seen people waste hundreds (or thousands) of pounds contesting cases - or failing to contest them properly - because of advice given on internet forums. And one chap who conducted a campaign against speed cameras using the 'net was a convicted fraudster and had been declared a "vexatious litigant" by the High Court due to his time wasting with false claims down the years - yet he never pointed that out anywhere.
No, if you're in a spot of bother, best see someone who you know is properly trained (and insiured) to give you sound advice. Not some keyboard warrior.
Quote: Originally Posted by as400 (original)
Personally I never have my car registered at my home address and always give false details.
Quote: Originally Posted by MINI Poser (original)
as400...If you give false details to the Police, and the insurance details don't match to the name you have given, well....thats an easy Section 165 and goodbye car!
Stuff that. If he's LUCKY, it's a s165. Alongside a charge of "obstructing a police officer in the course of his duty".
But the police are well within their rights to charge (and usually do) attempting to pervert the course of justice when they catch people at this sort of thing. That's something that almost always carries with it a prison sentence. A word of advice to as400 - take soap-on-a-rope with you, that way you might avoid bending over in the showers.
And of course failing to have your car registered to your correct address is also a criminal offence.
IAAL btw, but I'm currently trying to dodge the work I *should* be doing right now
