01/02/2017

I wrote over Christmas on my Facebook page about the case whereby my sister, who resides in England, was allegedly caught speeding in Stranraer at over 50mph in a 30mph zone with a Court appearance booked in by correspondence for the end of January that was sent by ordinary post.

My advice at the time was to ignore it on the basis that it wasn’t signed for and there is no proof that it has been received.  Curiously, the Courts rely on the Procurator Fiscal’s records that letters have been posted and received, despite not sending anything by recorded delivery.  I’m not sure how that works but it seems to!

Well, the Procurator Fiscal is now chasing my sister for ignoring this, a complaint has been lodged and her Court appearance has been adjourned for a later date. Their parting shot is that no response may result in a warrant for her arrest being issued.

‘May’ is a bit of a non-descript word in my book and I have just advised her to brazen it out as she hasn’t signed for any correspondence + I don’t believe that Police Scotland has jurisdiction over English drivers. This is currently being tested in the Courts and there is no definitive answer yet that I am aware of.

The fact that the Courts have adjourned the case tells me that they are not sure of the legal position themselves, and are hoping that my sister gets in touch so they can secure a conviction.  If they were sure of the legal position, I doubt they would have gone for an adjournment and would have pressed on for a conviction in her absence.

She won’t be the first to ignore correspondence from Police Scotland, and this seems to be the tack that others are taking which is being used to test the stretch of the Scottish Law.

Scotland is a separate country from England for all intents and purposes with its own currency, laws, legal system, taxation and Government.  This is even more so nowadays, given the ongoing political uncertainty with devolved powers being gradually handed over from Westminster to Holyrood.

There are no speed awareness courses here in Scotland so she is facing a ban, points, hefty fine and increased insurance premiums if she bottles it.

Mobile speed cameras are prone to various errors and are certainly not foolproof. I have examined the legality of the use of mobile speed cameras with questions to ask based on templates that are tried and tested to tip the odds in your favour and cancel these tickets in my book.

This will be an interesting one to watch.

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