GrahamC230K
MB Enthusiast
- Joined
- Jul 14, 2002
- Messages
- 9,755
- Car
- Audi A3 & S4 quattro
OK, they come they go, they are ususally rubbish!
Don't shoot the messenger, don't presume I claim this to be true, but here it is for you to all laugh at!
Would any of our resident legal bods like to comment?
I have heard of mixed experiences of getting the official caution for driving offences, why is this?
Don't shoot the messenger, don't presume I claim this to be true, but here it is for you to all laugh at!
Would any of our resident legal bods like to comment?
I have heard of mixed experiences of getting the official caution for driving offences, why is this?
What you can say and do if you are cautioned....
As we explain in our Glossary, there is no legal requirement for Traffic Officers to caution motorists when they are stopped for speeding. However, most police officers don't know that PACE doesn't apply to speeding offences so the vast majority of Constabularies' Traffic Officers do in fact caution the driver. The following words immediately after the caution - (please note you must say them precisely so print them out and keep them in your car):
The Caution
"You do not have to say anything but it may harm your defence if you do not mention now something you later rely on in court, Anything you do say may be given in evidence"
Your Response
“I do not recognise the significance of those words and I would like to exercise my legal right to refer to PACE – The Police and Criminal Evidence Act”.
This will cause two things to happen: -
1. They will have to hand you a copy of PACE, which is a very thick and complex document. Then you can sit in the back of the patrol car and read it for as long as you like and they can’t continue until you have finished.
2. They will probably treat you with great deal more respect.