Summoned to court, without statement of facts or ANYTHING from the police telling

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wuman22

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us exactly why? Need guidance please!

Hi All,
My partner has been issued with a summons to attend court next week for a driving offence. All it says is that he was driving exceeded 70mph on a dual carriage way and that this carries penalty points and asked him to appear in a court 300miles away (where it happended 3 months ago whilst on holls). We called the police to ask them to tell us exactly what he was being called for but they said nothing is available until 24hours before the court date and he would have to be at court to collect the documents. It asks him to plead guilty/ not guilty stressing an early guilt plea reduces the consequences/ punishment type of thing..

It doesnt say how fast he is alledged to be going or or what evidence they have against him. He was at the time stopped by an unmarked police car with 4 officers inside- they were driving back from a 'course' of some kind.

What do you suggest we do? How can we plead guilty to something that isn't even clarified? And, if they will not give us the 'statement of facts' until 24hours before the day, how can one prepare a defence? Any help will be appreciated.

Lastly, are the police not obliged to tell him what he is up against? Are they obliged to supply to him a 'statement of facts'?

The court suggested we write for the case to be adjourned giving us time to think about the plea (will request this today) but meanwhile how to obtain details of the 'crime'?!
 
You were stopped by an unmarked police car,if it had no police stop signal or light and the inmates were not in uniform,you should not have stopped should you,as it was not an official police car on traffic duty.You need a good solicitor as these officers could be found to have exceeded their authority, if they were not on traffic duty in an official car.The other most important matter is the fact that if it was not an official unmarked traffic car ,then the speedo would not have been calibrated and checked for accuracy.GET A GOOD SOLICITOR and give him these facts.If the above points do apply this should be quashed as they have acted as civilians using a vehicle not suitable for purpose,and made an allegation of speeding that is very very shaky.
 
In the good old days the Defendant had the right to be heard in their local court, it was up to the prosecution to travel. This may still be the case in today's climate of eroded rights. Write to the court and request a change of venue to your local court and at the same time ask for copies of of the police's complaint
 
He does know the facts because he was there at the time.

If he was driving too fast then he clearly is guilty and should admit it.
If he was not then he should plead not guilty and will need all the details of the prosecution evidence.
 
I would ask for the delay. I would suggest asking the Court Office if they can provide you with anything.
Usually in a case like this a fixed penalty notice would be issued within a week of the offense. If this is not paid, a court summons is issued.
Essentially, your partner should have a clear opinion on whether he did actually break the limit commit some other offense at the time.
It seems very unfair to give only 24 hours for you to mount a defense.
 
Was the offence captured on camera, is there a printout from a speed gun? Speeding isn't a court appearance offence. Hit by the gatso you get a ticket through the door. Theres something that doesn't make sense to me. To take somebody to court you need evidence. I'd let it go to court and insist on evidence being brought foward.
 
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