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  1. J

    Drunk driver maims biker and gets custodial sentence?

    There's no point trying to compare sentences without first taking note of the charge. Someone charged with dangerous driving following a nasty accident could be sent to prison: the charge carries a maximum penalty of 2 years (on conviction in a crown court, 6 months if magistrates decide it is...
  2. J

    Bank of England Cut base rate by 0.5% to 1%

    I specialised in Japan throughout my 25 year working carreer; my last 5 years working were spent as Head of Research in Japan for what was, and remains, one of the largest global banks (so some of you should be able to work out which one it was). I watched the boom of the 1980s turn into the...
  3. J

    £60 fine and three points on licence for minor accidents

    St13phil….. Probably not the right forum for discourse on the strengths and weaknesses of our legal system but, briefly, in answer to your questions: FPNs represent a significant departure from the preferred separation of investigation (police), prosecution (CPS) and determination (judiciary)...
  4. J

    £60 fine and three points on licence for minor accidents

    ‘Penalties’ are not raised for those who are proved guilty in court. You simply lose the right to the discount afforded by an early guilty plea or acceptance of a fpn. This distinction has become increasingly important following the introduction of new sentencing guidelines in August this year...
  5. J

    Court update - driving without due care & attention

    ***, here goes. Very broadly, there are three types of penalty: 1) a fine, 2) a community order, 3) custody. Again, very broadly, the represent the escalating severity of the offence. A community order (or penalty) can have many different ‘requirements’, a ‘popular’ one being unpaid work...
  6. J

    Court update - driving without due care & attention

    I think the person who has updated you is still muddled over the charge. 'Careless driving' (Road Traffic Act s 3) is not an imprisonable offence. It is ONLY punishable by a fine and endorsements / points / disqualification. It is quite usual to combine a suspended sentence with an unpaid...
  7. J

    Moving on

    Enjoy the Lexus. I lived in Japan for five years (until 2004) and had a similar 6 cylinder Lexus (called Toyota Aristo there) albeit with a twin-turbo which I gather has never been available here. I loved it; very fast, good handling but very refined. Brilliant traction control - impossible to...
  8. J

    Speed limits and maths

    Marque, the new Sentencing Guidelines do graduate speeding penalties along the lines you suggest (although they don't match your penalties precisely!). Although only called 'guidelines' there is now a requirement for magistrates to consult them before sentencing (previously there was no such...
  9. J

    It appears I have to go to court

    If custody is being considered the charge cannot have been careless driving and must have been dangerous driving. There is no custodial option for careless driving. The maximum penalty is a fine together with points and/or disqualification (though Unmarked is right to draw attention to the new...
  10. J

    NIP and summons on the same day!!!

    W210, the offences carry 5-10 points as you are aware. But, if you are convicted, the bench could impose a short disqualification as an alternative to points. This may be the only way to avoid a longer totting ban. New sentencing guidelines come into force from Monday next week and apply to...
  11. J

    It appears I have to go to court

    Pammy, who told you to turn up or expect to be arrested? CPS staff may not like hearing that a witness is unavailable. It will mean finding out when everyone is next available, going to court, requesting an adjourment and fixing a new date. And they might get a grilling as to why the previous...
  12. J

    It appears I have to go to court

    Imadoofus, sorry, I am going to correct you slightly! Yes, you are right that a witness can be summonsed to appear but courts are very mindful of the inconvenience that being a prosecution witness can be and will always try to minimize this. It sounds as if this trial date was fixed without...
  13. J

    It appears I have to go to court

    Robert, you are a witness: tell the court the dates you are available. You don't have to plan your life / holidays etc around a trial date. Sorry if you cut short your holiday but you need not have done so if you had said you were not available. And if something arises between now and the next...
  14. J

    6 months ban doing 43 in a 30mph zone!!!

    I suspect her 'legal representative' was there solely because she hoped to avoid the publicity of appearing in person. There was little he could do for her. Straight forward speeding offences follow straight forward guidelines and the summons is likely to have been issued not because of the...
  15. J

    Penalty for not updating Driving Licence

    I’m rather late adding my ha’penny worth but I’ve been away and only just seen the thread. 1) Being seen to touch a phone while in the driving seat with the engine running is sufficient to secure conviction so the phone records are irrelevant as has been already been suggested. 2)...
  16. J

    It appears I have to go to court

    Robert, My advice, as a magistrate myself, is don’t feel that you have to be certain about everything you say. By agreeing that your recollection of the incident will have been clearer at the time you gave your statement you should establish the right to refer to your written statement when...
  17. J

    A fair fine for drink driving?

    Matrix - as the alcohol reading goes up the length of ban and the fine (or other punishment) increases too. No trade off between the two. See page 70 of Sentencing Guidelines http://www.jsboard.co.uk/downloads/acbb/section2a.pdf Details of penalties for other motoring offences are also to be...
  18. J

    A fair fine for drink driving?

    I'm a magistrate and although I can only speak with authority about what happens in my area the guidelines are national, not local. The 'Adult Court Bench Book' has very clear sentencing guidelines for excess alcohol cases. There are seven bands of seriousness with escalating fine guidelines...
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