Author Topic: Question on merging 2 incidents into 1 offence  (Read 651 times)

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andy_foster

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Re: Question on merging 2 incidents into 1 offence
« Reply #15 on: December 03, 2024, 07:51:29 pm »
If she wants to make the "two offences committed on the same occasion" argument she will have to attend court.

<cough> Section 30 of The Road Traffic Offenders Act 1988 </cough>

edit: I make no comment as to whether or not it would be easier to persuade the bench that they were both "committed on the same occasion" if the bench were to hear both charges, whether taking the COFP would be the safe option insofar as it would "bank" the fixed penalty for that offence, or whether/how the "totality" principle would apply.

IOW, I can tell you what the law allows the bench to do. I am far less certain as to what a bench would be likely to do within their own gift.

edit2: Technically your post as quoted is correct. However, in the context of the question, the implication (or inference) from the was that both would need to be convictions.
« Last Edit: December 03, 2024, 09:27:49 pm by andy_foster »
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Soadfan1

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Re: Question on merging 2 incidents into 1 offence
« Reply #16 on: December 03, 2024, 09:10:41 pm »
Quote
So  should she reply back accepting the fixed penalty or just  choose the option to go to court now seeing as that she will anyway?

If she wants to make the "two offences committed on the same occasion" argument she will have to attend court.

Does she need to state that on one of the COFPS forms, or  can she make that plea in court as  will she have to attend court anyway if she has reached 12 points?

Thanks.

NewJudge

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Re: Question on merging 2 incidents into 1 offence
« Reply #17 on: December 03, 2024, 11:26:59 pm »
Quote
edit2: Technically your post as quoted is correct. However, in the context of the question, the implication (or inference) from the was that both would need to be convictions.

Yes, Andy, I quite agree that a FP could be taken and only the second offence dealt with in court where the "same occasion" argument can be made. It certainly has the advantage of ensuring one of the offences is sentenced by way of a FP. But I think that argument does not have much chance of success and I believe what little chance it has may be enhanced by presenting the two infringements to the Bench together - even though the overall financial penalty may be greater.

As you know, magistrates are, in the main, simple country folk who don't like to be baffled too much by complications!  ;D

Quote
Both give the option of accepting 3 points and a fine or going to court and neither say she has to go to court.

They may not say so but she will be required to attend court at the very least for the single charge that will take her to twelve points. If the ticket office people do their job properly, if she accepts a fixed penalty for the second offence her acceptance will be rejected and court proceedings issued.
« Last Edit: December 03, 2024, 11:34:08 pm by NewJudge »

Soadfan1

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Re: Question on merging 2 incidents into 1 offence
« Reply #18 on: December 04, 2024, 12:46:42 am »
Ok so  the best or rather, only  option here is for her to accept both fixed penalty and 3 points and then wait for a court  summons?

As I said she is accepting of  taking a ban on the chin, it was me who mentioned to her that there were occasions when  an offence could be merged into one, but I can see that it is unlikely in this case and could have bigger financial repercussions otherwise.

Thanks



NewJudge

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Re: Question on merging 2 incidents into 1 offence
« Reply #19 on: December 04, 2024, 09:21:31 am »
It isn't the only option.

She can decline both fixed penalties and wait for court proceedings to be issued for both offences.

The advantage of taking a FP for one is that it guarantees one of them being dealt with at the reduced level.

AS above, I think the "same occasion" argument might stand a better chance of success if both offences are dealt with in court. But even if that succeeds, it will still cost more

BertB

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Re: Question on merging 2 incidents into 1 offence
« Reply #20 on: December 04, 2024, 11:40:39 am »
Also, if she wants to be absolute in her knowledge rather than just 'sure', she should go onto the .gov website and do a licence check.

The difference between checking and knowing and just 'being sure' is that if she does only have 3 points, she can accept both COFPs and save several hundreds of pounds.