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Legal Process, Loopholes & Time Limits

If the Police do not comply with the rules and time limits, they cannot prosecute. Below is a brief summary of their obligations, time limits, potential loopholes to avoid prosecution and common myths.

Flashed by Camera Stopped by Police
Notice of Intended Prosecution
The Notice must be sent to the registered keeper to arrive within 14 days of the offence.

Loophole: If the original Notice is not signed on behalf of the Police or is dated 14 days or more after the allegation, it is not valid. Note: "signed" can include typed or a printed signature.

Myth: If the Notice is not received within 14 days the Police cannot proceed.
Notice of Intended Prosecution
The Police must be in uniform and must advise you of the nature of the offence at the scene. There is no need for the Police to serve a formal notice if you are stopped and warned at the time of the offence.

Myth: If the Police Officer fails to wear his hat, he is not in "uniform".
Registered Keeper must respond within 28 days by identifying the driver and signing the declaration that the information is correct.

Myth: Signing the Notice is a breach of the Human Rights Act.
If you are ordered to produce your documents, you must do so within 7 days of the offence.
Fixed Penalty / Court Summons
The Police have 6 months from the date of the offence to resolve the matter by way of a Fixed Penalty Notice or lodge papers at Court.

Myth: Failure to receive the Court papers within 6 months, is not a defence. The Police only have to start the process within 6 months.

Fixed Penalty Notice
If you are given a Fixed Penalty Notice at the scene, you have 28 days in which to accept or reject same.
Evidence
There is no obligation on the Police to provide any evidence at all in support of the allegation prior to Court proceedings being served.
Court Summons
If you are not given a Fixed Penalty at the scene, the Police have 6 months in which to commence Court proceedings. The Police do not have to contact you at all prior thereto.

Myth: Failure to receive the Court papers within 6 months, is not a defence. The Police only have to start the process within 6 months.