I appeared at Magistrates court today and had a farcical rather than the fair hearing that I have a right to (in theory). I was there for doing 35mph in a 30mph limit having been caught by a LTI 20-20 1000 laser camera.
The most unfair aspect was that the video disclosed to me (late) was different to the video used at court. My version pauses and then repeats 4 seconds. It doesn’t repeat in this version says the Magistrate. I’ve prepared my defence on the basis of the evidence disclosed to me I said. The equipment is not working properly I said. Yes it is she says. Then I raised the principle that the evidence should be preserved so what I got was the same. That went straight over.
The copper was allowed to evade questions and mislead on the slip effect. You couldn’t read the registration plate because the camera is shaking so much. It’s if you pan the camera across a stationary object you get slip effect not from a shaky camera the copper says. I suppose he’s got to believe that because otherwise he’s nailing innocent motorists which he is.
The CPS prosecutor’s question were very poor and she’s been trained apparently.
I didn’t say this in court of course. I know that I wasn’t speeding when clocked because I was accelerating and only doing 35mph 50 metres later when I saw the van.
Road Traffic Act 1991 s23(8) dismissed by the Magistrate. She offers me an adjournment – that’s how prejudged it was. She didn’t even refer it to the clerk.
There wasn’t even a pretence at a fair trial. £205 quid lighter.
28/01/14 Well I can obviously afford 205 squid if anyone wants to go for it. I was thinking that I should just bow out because your justice is obviously for those who can afford it. I’m not asking for pb but expenses – no, real expenses and quite a few drinks – paid for.
ACPO Code of Practice for Operational use
of Enforcement Equipment
… It is imperative that the procedures set out in this Manual are applied scrupulously – each link in the evidential chain is of importance, and upon its careful application lays the integrity of the Police Service.
Code of practice for operational use of enforcement equipment
14. Laser/Optical Speedmeters
The hand-held device functions by emitting pulses of infrared laser beams, which are targeted at the vehicle whose speed is being measured. Measurement of speed is performed by aiming the device at the target vehicle in the area around the registration plate and where necessary pressing the trigger or button. It is important that the beam is held steady on the target area to avoid any ‘slip factor’. …
As I said, it’s not possible to read my number plate because the camera was shaking so much …
2/11/14 This was totally ridiculous. If I had a fair trial there would have been no way that I was guilty.
I didn’t have a fair trial because I wasn’t able or willing to pay £450 for someone to represent me. That’s how it works. That’s how UK justice works. This is just a small inconsequential example. I was innocent but if you have vast amounts of money then you’re innocent by default.
[I’ve looked at the video film. It’s very clear that I should not have been found guilty on the basis that the prosecution must prove that I was guilty. The evidence does not support that. My case is not important to the rest of the argument.]
In UK you have voluntary magistrates and magistrates that take a salary. Who are these voluntary magistrates going to be other than comfortably rich people who don’t need to earn a living?
And isn’t that a bit skewed? That these people who don’t have to earn a living – because they are comfortably having money without earning it – are judging their monetary-challenged inferiors without ever having the experience of being skint or worrying about having shelter from the elements?
That’s not right and needs to be changed. I want more.
But also: Who are these paid for magistrates cos they seem to be total stihs too.