Either or. Feb 1, 2019 21:00:19 GMT via mobile
Post by Administrator on Feb 1, 2019 21:00:19 GMT
Ministerial Correspondence Unit
Ministry of Justice
102 Petty France
DX 152380 Westminster 8
Friday 1st February 2019
It's not enough that the Ministry of justice takes complaints against its Headquarters or Staff.
The Ministry is there to do work.
"it produces something"
It governs and administrates Law and Justice in the UK.
So UK law is the produce of the Ministry, which is the responsibility of Law and Justice for the Houses of Parliament.
So any problem with anything to do with law that originates from or is produced by this Government is a matter for the Ministry.
I have a problem with how your sector is handling in general the "Summary procedure" rules and proceedings.
In contrast to Indiction cases.
There are a few charges in the Road Traffic offenders act, which are "either or" charges.
They can be put into either summary or Indiction proceedings.
Other charges are indiction only.
The rules for cases entered into summary proceedings are clear. There is a 6 month time limit. You can't have a case which is not subject to any procedure rules at all.
All procedure rules apply.
If a dangerous driving charge is going to only be brought to a majestrates court, to enter summery proceedings there is a 6 month time limit.
The exemption is only for purposes of going into a different legal process. The indication. Its for when the charge is more serious and complicated investigation is required especially in relation to other serious charges which may accompany it.. Like causing death by dangerous driving. There are other charges exempt from summary proceedings.. All are charges which require extensive investigation of documents and deaths such as coroner's.
Regular driving offences like speeding charges are in fact exempt from summary proceedings actually if* accompanied by a charge which is exempt from summary proceedings.. Like causing death by dangerous driving.
The exemption applies only in instances where the charges go together into indictive.
So the reason the exemption is applied to them is only because it is going into a different procedure.
So it's clear the exemption is not really an open absolute freedom. It's actually only applicable if a charge is being taken to a different court than a magistrates court.
So it's the "entering" into* magistrates court. Which has a 6 month time limit.
The only other argument would be...
In opposition to this..
Is that police can investigate a Dangerous driving charge for upto 3 years to find out it wasn't that dangerous.. And decide not to charge anyone?
If it was not serious..
If there was no accident..
If there was no damage..
Or only a statement..
Would there really be any evidence at all to charge anyone with anything??
It seems unlikely.
As if there was only one statement..
And no more evidence..
There is very little evidence and a person cannot be convicted for a driving offence on the evidence of one witness alone..
So if it was not going into indication process after 3 years.. For a serious offence..
Why on earth would a police department need so long to decide it was not serious?
The rules when looked at properly..
Reasons why.. And relation to other charges for specific purposes of going into a different procedure.. Its common sense.
The rules for summary proceedings are stated. Period.
If a charge is going to be entered into the summary proceedings in a magistrates Court. It must be done within 6 months.
True. It has exempt from the 6 month period *only for it to go into the other proceedings of indiction.
If not.. It is clearly delaying and wasting time on minor offences or it would not have been entered into the Summary proceedings..
Especially with no evidence other than a couple of statements only and no damage, accident or injuries what so ever.
I require the Ministry to respond. As the Legislation and road traffic offenders act is your produce and production. And your court staff I believe are lacking reason and understanding.
Please do not assign a novice temporary employee to respond. I require somebody involved in the production processes of this produce of law coming out of your department to please respond.