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its worse for traffic offences requiring a NIP (notice of intended prosecution), then the caution.....
"you will be reported for consideration of the question of prosecuting you for the offence of (REFLA - see below). You do not have to say anything, but it may harm your defence if you do not mention when questioned, something you later rely on in court. Anything you do say may be given in evidence"
we dont usually say 'do you understand' - Jack Straw introduced this verbal nonsense so people wouldnt have problems understanding, would you believe? Before him, it was 'you do not have to say anything unless you wish to do so. Anything you do say may be given in evidence"
asking questions of a suspect normally becomes 'an interview' and rights to legal advice, to leave if unarrested, to read & sign entries etc etc all have to be gone through
The NIP is to make you aware of an offence you may not have been aware you committed (!!). Collisions arent included - its presumed you noticed the 18 wheeler parked on your bonnet!
REFLA= Reckless/careless (now Dangerous/careless) driving; Exceeding the speed imit; Failing to comply with a s.36 road sign (i.e normal road signs/lights); Leaving the vehicle in a dangerous position; Aiding & abetting any of the preceding
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Si vis pacem, para bellum
Last edited by Kaiser Bill : 07-03-2009 at 07:04 PM.
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