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Old 25-02-2005, 10:40   #47
andyl
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Re: Road Traffic Act

Quote:
Originally Posted by me283
OK, here's another interesting point: when one receives the "Notice of Intended Prosecution", one is being accused of a crime (otherwise they wouldn't be prosecuting). Now, I have always believed that one of our basic rights was the right to remain silent (as stated in Police cautions). BUT, the offence of "Fialing To Provide" means that you are NOT allowed to remain silent...? So, is the Road Traffic Act in it's various guises actually contrary to English Law?
Er hasn't the right to remain silent been tempered by the allowance that silence may be taken into account when determining innocence or guilt (ie silence may infer guilt). Another erosion of the innocent until proven guilty tenet of our criminal justice system (still, be grateful, they could have put you under house arrest or in Belmarsh )

I'm no fan of those who whinge about speed cameras generally but I have to say, from what you've said, you have been unjustly treated and if a not guilty plea has been entered it should be up to the prosecution to prove its case. I would certainly explore avenues for appeal.
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