court

Discussion in 'UK Motorcycles' started by darsy, Feb 16, 2004.

  1. darsy

    deadmail Guest

    Mr Big's sausage safe?
     
    deadmail, Feb 16, 2004
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  2. well from recent pronouncements it hasn't seemed to be as dire as it was
    9-12 months ago. And I frankly don't believe that you are on the edge of
    extreme poverty or anything that remotely resembles it.

    The desire to save the cash I can comprehend but I do think the usually
    flawless darsy logic may not serve you as well as you might imagine in
    this case.
     
    Paul Corfield, Feb 16, 2004
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  3. Previously on ukrm, steve auvache said...
    Pah, newbie
     
    Laurie Birkett, Feb 16, 2004
  4. darsy

    Kiran Guest


    Well, remember, this is quite a diff scenario to the one Champ was in.
    IIRC, he pleaded guilty, so all his was about was mitigation.

    As you've pleaded NG, yours will be a summary trial. Presumably they've
    sent you the evidence they plan to use against you? I gather you have the
    video, but do you have any other evidence - PCs notebook, statement etc?
    The CPS will have to prove the case and they may call the PC to give
    evidence against you and he may be necessary to bring the video into
    evidence. If someone does give live evidence, you can always cross
    examine them.

    After the CPS puts forward the evidence, you'll be putting forward your
    evidence. And for that, you need to make sure you're well prepared. I
    said that a lot of people will be over awed by the experience of being in
    court and will usually forget stuff, which could be important stuff. I've
    no doubt you'll be ok, but just rehearse the sodding thing, yes, in front
    of a mirror/Angie or whatever. Just try it and refine it. But at the same
    time, be flexible, write down bullet points, not a long statement. You
    could read it out, but for example, if they stop and ask questions in the
    middle, it can be very hard to regain your compsoure and pick up from
    exactly where you left off. By all means write it out, practice over the
    w/e what you want to say but reduce it to cue cards. The other option is
    to type out a written statement, hand it up, then give a short precis of
    it orally from cue cards (tell them you're not reading it out but
    summarising it). So when they retire to decide what to do, they have it
    in their hands and can always re-read it IYSWIM.

    As for the cross exam itself, you're always going to be on your own for
    that. It'll probably be fairly gentle. CPS reps in the mags court aren't
    renowned for their cross exam technique. Obvious thing is to anticipate
    what they'll ask you.
     
    Kiran, Feb 16, 2004
  5. darsy

    Kiran Guest

    65533.news.uni-berlin.de:

    Wouldn't bother. They're just likely to make it worse.
     
    Kiran, Feb 16, 2004
  6. In triped:
    I think you'll find that under the Rehabilitation of Offenders Act, you're
    not required to declare speeding type points after five years which matches
    the Inscos stance. After the five year period, its as if the conviction
    never happened (for most purposes, anyway).
     
    Andy Ashworth, Feb 16, 2004
  7. darsy

    Kiran Guest

    Maybe, but how are you going to question what they say? As you've
    accepted their statement, whataver you say against it, they're not there
    to answer back IYSWIM. So, it's likely the mags will accept their
    version. Really.

    The fact that you haven't asked for them in person may also be seen as
    conflicting with your NG plea. i.e. you're not really disputing what the
    coppers say, but you enter a NG plea anyway. They may see that as a bit
    of a try on from you [1].

    The plea change is always an option. At the hearing, they will ask you to
    confirm your pleas. And you can change to a guilty one - and if you give
    a good reason why, you may get away with it.

    Course, they may hear you together, or separately. Likely to be together
    as it's the same facts and will save time. But if separately, the one who
    goes second has a real advantage.


    [1] Although as you've pleaded to speeding, that should counter it.
     
    Kiran, Feb 16, 2004
  8. darsy

    Kiran Guest

    What the hippy says is spot on. Local knowledge is priceless. If you can
    find someone who knows the local beaks/coppers etc, at least you know what
    to expect and can plan around it.
     
    Kiran, Feb 16, 2004
  9. Laurie Birkett wrote
    Kin cheek. I have been studying female wobbly bits since before you was
    old enough to know what a tourist was, let alone fleece one.
     
    steve auvache, Feb 16, 2004
  10. sweller said:
    What's the odds on Bear being the cheif magistrate?
     
    Simon Atkinson, Feb 16, 2004
  11. darsy

    Salad Dodger Guest

    You git.

    Stolen my thunder, you have.

    <deletes post from outbox>

    Bugger.

    --
    | ___ Salad Dodger
    |/ \
    _/_____\_ GL1500SEV/CBR1100XXX/KH500A8/TS250C
    |_\_____/_| ..62743../..14719.../..3157./.19406
    (>|_|_|<) TPPFATUICG#7 DIAABTCOD#9 YTC#4 PM#5
    |__|_|__| BOTAFOT #70 BOTAFOF #09 two#11 WG*
    \ |^| / IbW#0 & KotIbW# BotTOS#6 GP#4
    \|^|/ ANORAK#17
    '^'
     
    Salad Dodger, Feb 16, 2004
  12. darsy

    deadmail Guest

    I think you're wrong on this point. It's not a criminal offense so I
    don't think the rehabilitation bit applies. If you don't want to
    disclose the information you're at liberty not to- just find an
    insurance co. that doesn't ask for this.
     
    deadmail, Feb 16, 2004
  13. darsy

    deadmail Guest

    You're a very bad man...

    What's the odds on Bear knowing the Chief Magistrate through some mutual
    contact?
     
    deadmail, Feb 16, 2004
  14. darsy

    Kiran Guest

    wrote in

    He's not wrong you know.

    If you don't want to
    But I think the ABI recommends that insurers comply with the spirit of
    the Act.
     
    Kiran, Feb 16, 2004
  15. darsy

    deadmail Guest

    Industry body 'recommendations' are fairly worthless and have little in
    the way of teeth; I often chair one and have some dealings with UK and
    European regulators.

    They are a guide on how the industry would like to be seen and what the
    more responsible members would like to see done. The less responsible
    members will wordsmith so "must and shall" are changed to "should" and
    "should" is changed to "may", "requires" is changed to "recommends" etc.
    etc. etc.

    Complying with the 'spirit' of an Act is a meaningless statement. The
    spirit can vary depending on the chosen interpretation. And then we get
    the lawyers involved and half of them say black is white and the other
    half say white is black...

    It's exactly the sort of stuff I deal with on a daily basis *sigh*

    I like this part of my work.
     
    deadmail, Feb 16, 2004
  16. darsy

    Big Tony Guest

    Dunno about the ABI but the financial services ombudsman has gone on the
    record about this and he does have teeth.

    But we've been here before.

    url:http://www.google.com/groups?hl=en&...3eee3e4a$0$18491$
     
    Big Tony, Feb 16, 2004
  17. darsy

    deadmail Guest

    There's a world of difference between an Industry body and an Ombudsman.
     
    deadmail, Feb 16, 2004
  18. darsy

    Pip Guest

    WTF? ^^^^^^^^^^^^^^
     
    Pip, Feb 16, 2004
  19. darsy

    ozmick Guest

    It's not the money at stake imho and ime. For the next *four* years
    you *could* be sitting of 9 points, right on the precipice of a ban.
    I think that's even worse than a ban...

    #every speed limit you break
    #every stoppie you make
    #every plodmobile you undertake
    #they'll be watching you.

    I'd be on the phone tomorrow until i got one, but i could be just
    overly paranoid.

    Whatever happens i shall have fingers crossed for you both.
     
    ozmick, Feb 16, 2004
  20. darsy

    Lozzo Guest

    Previously on ukrm, Pip said...
    It's OK, no-one would believe I really have a name that stupid.
     
    Lozzo, Feb 16, 2004
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