I bet this guy is regretting his actions now. https://northyorkshire.police.uk/news/laser-jammer-prison/
Prison sentence for a traffic offence? Hideous. Shoulda been an MP. Ok pertverting the course of justice but, prison really? More serious offenders get f all
I think my issue with this is the constancy of the process and system. I'm not really intending on going into that one as it's a right can of worms. Is the guy a dickhead, most likely. Should he have copped a nice big fine and loss of license? Yep, I've no arguments with that one, but 8 months for the use of a laser detector/jammer. Hmm, not convinced that's best use of resources. With the state of the prisons, overcrowding, etc, should they really be sticking traffic offenders behind bars or saving the space for offenders that need it??
The main issue is not that he is so much a traffic offender, but he committed a criminal offence in attempting to pervert the course of justice which is a completely different matter and then in his arrogance had the gall to give the camera the finger as he went past. So for the specific offence for which he was sent down for, actually he got away quite lightly, but of course for him it is also now the stigma that he has a criminal record (club number) which is with him for life. We also are not privvy to all the evidence other than he was a persistent offender and the twat was sent down by the courts not the Police, so once the evidence has been heard they would have had good reason to impose the penalty they did.
Couldn't agree more. What about every scrote out there who steal, mug, assault, and injur others..... I've seen first hand how hard it is to get a meaningful sentence, let alone prison time. And as for perverting the course of justice.... you rarely see a criminal fully confess and tell the whole story, isn't that perverting the course of justice too. That guy was a knob and was looking to get caught for something, but the Law is crazy sometimes.
Sadly another offence wheeled out by Plod far to often for the wrong reasons, and a classic case of why they are held in such low esteem these days. How long before having an app on your phone or POIs in your GPS that warn about scamera vans is classed as going equipped or perverting the course of justice? The bloke was a twonk but the main drive in this prosecution would undoubtedly be the fact he was flipping the bird to the camera, and to quote Jonesy "they don't like it up 'em" So the bloke now has a criminal record, will spend a couple of months in prison at huge expense to the tax payer, whilst some doped up druggie who goes out robbing and commiting burglary gets a small fine and sent on a course. Someone in North Yorkshire needs to sort their act out.
I agree with part of what you say, but this is not about the Police per se as the offence of perverting the course of justice has been used for years (I even used it in my day) was committed and the driver was dealt with, it is the courts that sent him down. He was a persistent offender. Now having spent a big chunk of my life as a traffic cop, I have issues myself with the way the service is going these days, but, don't have a pop at the Police for this as all they do is put the evidence before the courts, it is the courts who ultimately decide on the penalty and I have been in court on many occasions and been surprised at the penalties dished out which in many cases seem disproportionate.
Genuine question (trying to word it without coming across as being sarcy) - who decides the charge? i.e. who decides it is perverting the course of justice, is it the police or do the CPS look at all the evidence and decide how to proceed and what charges to bring?
Not sarcy at all. If he was arrested then he will have been charged and bailed to appear at court on a set date. In regards of what he is charged with, that would be dependant on the evidence and then every charge room around the country has what is called a precedent book which lists the exact wording for the charge sheet. (Most are probablyon a computerised system by now) If there are multiple offences then the appropriate charges will ave been put to him, he would then be given the formal caution and released on bail, or in the most derious offences detained in a cell and put before the court the following morning. Ultimately, unlike the old days when it was the Police with their own prosecutions department who decided what to proceed with, now it is the CPS who decide and make the final decision, which is why so often you hear of plea bargaining in fatal crash cases because the CPS will not give a case a run for its money and let a jury decide, anyway, I digress. If the offender is reported for summons then the offender can be reported for a specific offence or offences or any other offences that may be disclosed, and then again CPS will decide which summary offence best fits the bill. If there are the potential for multiple offences or more serious offences then the charge sheet or the summons will always list those most serious matters. For example, if someone has been charged or reported for causing death by dangerous driving, that person will be charged with that offence as it then allows the court or the prosecution to proceed and secure a conviction for a lesser offence, for example careless driving if it is deemed that there is insufficient evidence for the more serious offence. What you cannot do is report or charge the lesser offence (careless driving) and then get to court and decide to prosecute for the more serious offence if it transpires that the evidence to secure a conviction for the more serious offence is there. But ultimately it is the CPS that decide. The Police can decide what offences to charge or report for, they then provide the evidence but at the end of the day it is the CPS (Crap Prosecution Service) that make the final decision as to where the case goes. Hope that answers your question and sorry for the long winded reply
Very reasonable to assume that this case will run to appeal both on conviction and severity of sentence.
Depends on whether he was given leave to appeal bearing in mind that as an arrestable offence it can carry up to 5 years on first conviction and it may be deemed that the sentence was reasonable considering the serious nature of the offence. An appeal against conviction is unlikey to be considered. Against sentence? Again unlikely as he will probably be out in about 3 months maybe less. I have seen much higher and severe sentences dished out for this offence
