alleged offence-18th nov 2005, papers lodged 30th may, 2006. to apearr on 11 july 2006(i cancelled), i have not heard nothing since. is the 6-month to court rule apply...?????
2007-01-02 05:50:19 · 6 answers · asked by brian macdonald 1 in Politics & Government ➔ Law & Ethics
Information has to be laid to the clerk within 6 months from the offence but not including the day of the offence, should you receive a summon for this, you can simply return it not guilty with the simple reason of no case to answer due to limitation!
2007-01-03 03:39:01 · answer #1 · answered by logicalawyer 3 · 0⤊ 0⤋
You don't identify your jurisdiction, and I have never heard of a "6-month to court rule," and I don't know what you mean by it. At any rate, most time limits on criminal proceedings do not apply when it is the defendant who requests the delay. Moreover, it would be HIGHLY unusual for a court to vacate an appearance date without at the same time setting a NEW date for you to appear. I would suggest getting in touch with the court. It is very likely that you missed a date you were supposed to be in court and there is a warrant presently outstanding for your arrest.
ADD: Looking at the answers, and noting your spelling of offence (Brit.) rather than offense (US), I now realize that your question related to the UK, not the US. This is why it is so important to identify your jurisdiction, since my discussion (and knowledge) is limited to US law.
2007-01-02 05:56:32 · answer #2 · answered by Anonymous · 0⤊ 0⤋
There is a six month time limit for the prosecution of all summary only offences (i.e. those cases that are not so serious that they MUST be tried in the Crown Court, e.g. rape/murder or, offences which can be tried in either the Crown or Magistrates Court e.g. theft). Speeding is a summary only offence and if the summons was not issued within 6 months of the offence, it cannot be prosecuted. From the dates you have given, you cannot now be prosecuted for that offence. I agree with William S.
2007-01-03 00:29:14 · answer #3 · answered by overnight celebrity 5 · 0⤊ 0⤋
Very unlikely as you cancelled, you need to chase it up with the CPS or court, the dvla may have put points on your licence already by default, in which case your insurance would be affected.
2007-01-02 11:01:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No--you canceled the last appointment and you probably waived any time frame when you did that. You need to call and get it back on the docket.
2007-01-02 05:52:30 · answer #5 · answered by kathylouisehall 4 · 0⤊ 0⤋
I've never heard of such a law... it should be scrapped. Try asking it here: http://www.askthe.police.uk/default.mth
2007-01-02 05:53:14 · answer #6 · answered by breezinabout 3 · 0⤊ 1⤋