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Your question answered!:

a) No such notice is required if a full or provisional fixed penalty notice has been given or fixed under the Provisions of the Road Traffic Offenders Act 1988
b) A notice sent by post must be dispatched so that it would reach the driver within the 14 days within .....
..... accused will suffice for good service.

Hey Mo, you been swotting up?

You couldn't give me a hand on my Tort Law exam next month could you? How are you on defamation and negligence, I could really do with a hand there?:PDT_Xtremez_35:


D
 
Hey Mo, you been swotting up?

You couldn't give me a hand on my Tort Law exam next month could you? How are you on defamation and negligence, I could really do with a hand there?:PDT_Xtremez_35:


D


PM me and give full details...
 
Oh yer! If an Officer then visits to caution you, only statements made AFTER the caution can be used- and a caution gives the right to silence.


The making by a suspect of a significant statement is the trigger for the investigating officer to issue the Caution. Asignificant statement is a phrase which puts the officer on immediate notice that the individual may be involved in someway in the commission of the offence under investigation. This is not a subjective matter, but an objective one, and theCourt will consider which of the remarks made by the accused took the form of a significant statement. If the Courtconsiders that remarks made by the accused took the form of a significant statement and the officer did not immediatelycaution the individual, the Court will determine the admissibility of the exchange from that point on, relying on sections 76and 78 of PACE 1984. It is therefore essential when interviewing suspected persons that the interviewing officer listenscarefully to what has been said and ensures that the Caution is issued at the first appropriate moment

In short a significant statement made before caution CAN be used in evidence.

A significant silence can only be used in evidence after caution.

In relation to a NIP, some of these websites are misleading, here it is direct from the CPS

''By sending a notice within 14 days of the possibility of prosecution and specifying the nature of the alleged offence and the time and place where it is alleged to have been committed to the driver, registered keeper of the vehicle or rider of the cycle''

IE It has to be SENT within 14 days (usually by registered post) not recieved within 14 days.
 
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