Author Topic: Operation Snap - When does evidence have to be disclosed?  (Read 1941 times)

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Operation Snap - When does evidence have to be disclosed?
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Had a NIP for careless driving. I was at the location on the time and date stated on the NIP. No idea what I'm supposed to have done. Contacted ticket office. They've said it was video submitted via Op Snap.  :-\  I've asked for a copy of the video but they have refused. From what I've read, this seems normal.  >:(  I think they should have to disclose, especially if the driver has no idea what they've supposed to have done. In any case, I've returned the S.172 saying I was the driver.

At what point are they obliged to disclose the video? I know I might be offered a course or fixed penalty but I'd like to see what I'm being accused of before I accept. If I choose to fight it, when can I expect to be provided with a copy, before the first SJP hearing or only after I enter a 'not guilty' plea? I'd rather not go to a trial if I'm bang to rights.

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Re: Operation Snap - When does evidence have to be disclosed?
« Reply #1 on: »
The legislative purpose of the requirement to serve a NIP within the 14 days is to enable the accused to recall the incident that gave rise to the allegation, and potentially gather evidence while it is still relatively fresh in his mind.

There is case law where the police have gotten the time wrong, but the accused knew exactly what the incident/allegation was, and the error did not invalidate the NIP as the legislative purpose was achieved.
There is other case law where the correct road was identified, but was held to be unduly vague as the police could have provided more precise information, and the NIP was invalidated.

Where the police have [in their own minds] ticked a box by specifying which umbrella offence is alleged but not meaningfully describing the allegation such that the accused would be able to recall the incident in question, I would suggest that the NIP would be invalid. I would also suggest that it might be prudent to set out your stall early by responding asking them to clarify what exactly is alleged.

N.B. There appears to be a question mark over whether the 14 day rule applies if a member of the public reports an incident too late to serve a NIP within the 14 days. If that was the case, then where there is no requirement to serve a NIP, there can be no defence from a failure to comply with a non-existent requirement.

N.B. Whether you think that they should be obliged to disclose the video at this point is irrelevant beyond indicating how appropriate your chosen username is or is not. What matters is what the law says.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: Operation Snap - When does evidence have to be disclosed?
« Reply #2 on: »
Thanks andy_foster

The alleged incident happened in Durham constabulary area on the A68. I do the journey relative often and know the road well. There does tend to be a lot of people who are happy doing 40-50 mph while I like to press on a bit. I know I was in the area as I've looked back at the history on my cars app as well as Google timeline. The most annoying part is I have dashcam with a 512Gb card but due to a bug, it has periodically been continuing to record long after the car has stopped. This meant the recording for the trip in question were overwritten.

My only thought is someone has taken exception to an overtake and the police have viewed the footage that was submitted and agreed with them. However, I don't recall anyone flashing lights or blasting their horn during the trip.

As I said, I've responded to the S.172 so will wait and see what their next move is.

I'm aware that they aren't legally obliged to provide any evidence at this stage but that doesn't stop me from believing that the law is wrong and they should disclose what evidence they have.

As I said in my original post, if I decide (or they decide for me) to take this to court, at what point are they required to disclose the evidence they will rely on? Before the first plea hearing, or only after a NG plea is submitted and a date for trial is set?

Re: Operation Snap - When does evidence have to be disclosed?
« Reply #3 on: »
I find your assumption that the police would necessarily have viewed the footage before sending out a NIP, and by implication before subsequently offering an educational course that they get a kick-back from, amusing.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.
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Re: Operation Snap - When does evidence have to be disclosed?
« Reply #4 on: »
If you reject any out-of-court offers they may make (course or fixed penalty) you should be served with the "Initial Details of the Prosecution Case" along with your "Single Justice Procedure Notice". This is basically the evidence hey intend to rely on to convict you and you can examine his before you enter your plea.

Re: Operation Snap - When does evidence have to be disclosed?
« Reply #5 on: »
I find your assumption that the police would necessarily have viewed the footage before sending out a NIP, and by implication before subsequently offering an educational course that they get a kick-back from, amusing.

Seriously? You think they'd fire out a NIP without properly reviewing the video? If that's their modus operandi, it's very concerning.
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Re: Operation Snap - When does evidence have to be disclosed?
« Reply #6 on: »
If you reject any out-of-court offers they may make (course or fixed penalty) you should be served with the "Initial Details of the Prosecution Case" along with your "Single Justice Procedure Notice". This is basically the evidence hey intend to rely on to convict you and you can examine his before you enter your plea.

Do you think that would be the video, stills or just a statement from the evidence officer?

Re: Operation Snap - When does evidence have to be disclosed?
« Reply #7 on: »
Don't know, I'm afraid.

The definition of careless driving is "that which falls below the standard expected of a competent and careful driver."  Very often, whether an episode of alleged poor driving reaches that threshold or not is a matter of opinion. If the evidence offered is just a statement expressing an opinion based on the video, you have a good argument to see the video because your opinion (and more importantly that of the court) may differ from that of the person who decided enforcement was appropriate.

Re: Operation Snap - When does evidence have to be disclosed?
« Reply #8 on: »
Well, well, well. This is unexpected.

A couple of weeks ago I wrote to the ticket office saying that having reviewed my dashcam footage (a little bit of lie as it had been overwritten) for the part of the journey stated on the NIP, I was still no wiser as to what the allegation related to. I stated I had overtaken a couple of vehicles but did not consider any aspects to be below the standards of a competent driver. I asked that the video submitted by the member of the public be reviewed by a senior officer to check if the threshold test for a conviction for carless driving had been reached.

I'd heard nothing until today when a letter arrived. I expected it to say what the next steps would be but much to my surprise it said that having reviewed the video again, it had been decided that no further action would be taken but that it would remain 'on file'. Not sure why it would remain on file, but I'm not in the habit of poking sleeping dogs so will leave it at that.

It does make me wonder if andy_foster was right when he said, "I find your assumption that the police would necessarily have viewed the footage before sending out a NIP".
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Re: Operation Snap - When does evidence have to be disclosed?
« Reply #9 on: »
Good result!

Re: Operation Snap - When does evidence have to be disclosed?
« Reply #10 on: »
It does make me wonder if andy_foster was right when he said, "I find your assumption that the police would necessarily have viewed the footage before sending out a NIP".

They 100% did view the footage.
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