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If not arrested and receive a court summons

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Re: If not arrested and receive a court summons

Postby atticus » Tue Dec 19, 2017 11:57 am

I see that Baker is not the only poster who has a favourite case!
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Re: If not arrested and receive a court summons

Postby Maz JP » Tue Dec 19, 2017 3:21 pm

shootist wrote:The general consensus thus far seems to be that a warrant will be issued for your arrest. However, and I acknowledge I may be out of date on this, you will usually be sent another summons along with an explanation that if you fail to attend again the case will be heard in your absence. Unsurprisingly, if the case is heard in your absence you will most often be convicted, although I have seen two such cases lost by the prosecution.

Mainly in such cases it will be because the Court is not 100% satisfied that the summons was duly served. I can't think of any other reason for such a prosecution to fail that I have personally encountered.
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Re: If not arrested and receive a court summons

Postby shootist » Tue Dec 19, 2017 5:31 pm

Maz JP wrote:
shootist wrote:The general consensus thus far seems to be that a warrant will be issued for your arrest. However, and I acknowledge I may be out of date on this, you will usually be sent another summons along with an explanation that if you fail to attend again the case will be heard in your absence. Unsurprisingly, if the case is heard in your absence you will most often be convicted, although I have seen two such cases lost by the prosecution.

Mainly in such cases it will be because the Court is not 100% satisfied that the summons was duly served. I can't think of any other reason for such a prosecution to fail that I have personally encountered.


Two cases, both speed traps. This was in the days when the truvelo operator sat by the road wires and radioed for the car to be stopped. The officers would then complete their notes on a form, indicating location, direction of travel, speed etc. On this one the officers cocked up the form and disagreed on the direction of travel when giving evidence. Reporting so many drivers every week the officers couldn't recall the individual cases and each stuck to their guns, case dismissed.

The other was again truvelo, which is two coaxial cables stretched across the road, nailed to the tarmac. This meant that the speed check could be made in both directions. One wire acts as the start switch, the second the stop, the speed being determined by the distance between the wires. Unfortunately, the truvelo operator, an old time bobby and one of the nicest blokes I have ever known, had been told in his training that if two cars crossed the wires at the same time, in opposite directions, then the readings would be 'impossible' (E.G. 460mph). Despite tremendous efforts by the court clerk to explain the possibilities, the bobby stuck to his training and could not be moved. Case dismissed.

All a long time ago, but in their own way, quite memorable. Perhaps you had to be there to appreciate it.
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Re: If not arrested and receive a court summons

Postby BakersDozen » Tue Dec 19, 2017 7:16 pm

dls wrote:Why quote a case you know to have no significance in this context. There are hundreds of thousands of equally irrelevant cases you might quote.


Who me, I used R&C on a NIP and nothing further happened, all though I suspect nothing further happened to due to other reasons.

However if I was walking across a car park and Policeman shouted stop and asked me whats my name, where you going and whats in the bag in an intimidating manner Id certainly tell him to R&C :lol:

My interest would be if I was arrested and taken to the holding cells and all they had was the contents of my sweaty gym bag then surely Id be in with a compensation claim - am I obliged to help or was I considered a suspect for something.

If he was polite and explained the situation as to why he wanted my assistance then I would oblige.

Just posing chat on the forum in all honesty.
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Re: If not arrested and receive a court summons

Postby shootist » Tue Dec 19, 2017 8:39 pm

BakersDozen wrote:Who me, I used R&C on a NIP and nothing further happened, all though I suspect nothing further happened to due to other reasons.
However if I was walking across a car park and Policeman shouted stop and asked me whats my name, where you going and whats in the bag in an intimidating manner Id certainly tell him to R&C :lol:
My interest would be if I was arrested and taken to the holding cells and all they had was the contents of my sweaty gym bag then surely Id be in with a compensation claim - am I obliged to help or was I considered a suspect for something.
If he was polite and explained the situation as to why he wanted my assistance then I would oblige.
Just posing chat on the forum in all honesty.


A competent police officer (so the odds are in your favour) who actually had some sort of reason to stop you would tread all over your rice pudding. One with a hint of malice in his heart would give you inordinate grief. Merely offering your rice pudding will prove to him you are an idiot. Far better, if you want to fart around is to start off "Do you suspect I am committing an offence?" This is a lot more straightforward than "I refer you to Rice etc." Not only that, but his answer commits him to one of two courses of action. If he answers "Yes." then he has to explain what offence, and (you may have to remind him) caution you before asking any more questions. Given that the first words of the caution are "You do not have to say anything.." that dispenses with the need for Rice pudding.

Of course, if the police officer has nothing better to do, he may well decide that you fit the description of the Phantom Raspberry Blower of Old London Town and arrest you for the sheer pleasure of messing with your head. Your choice. If he answers 'No." then you merely wish him a good night and walk happily on. A voice recorder app on your phone will be a positive asset in such circumstances. Beware though, it can be a dangerous game to play. If an officer decides to lie about your encounter you will be very at risk, and there are some that will in order to maintain their illusion of superiority.

However, the result might make more interesting reading than your current theorising.
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