Author Topic: The Code for Crown Prosecution  (Read 199 times)

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Kitty2080

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The Code for Crown Prosecution
« on: March 08, 2025, 01:53:30 pm »
Could I get some advice please?

A couple of weeks ago I mistakenly ran a red light. I thought I managed to get through before it turned red but there was a camera and flash. I received S172- request for information and details of driver. Which I filled and sent back along with a letter apologising for this unintended error and explaining circumstances.
I then received a letter from the police stating the below:

“Having considered the evidence, I am satisfied the Full Code for crown Prosecution has been met. The contents of your letter have been reviewed and there are sufficient grounds to continue with Proceedings. Any failure to abide by the law governing the public roads places other members of the public at unnecessary risks. Whilst I accept that you may not agree with this decision, you do have the right to have the case heard before a court, should you wish to contest it further. If you have any legal issues please seek independent legal advice”

Could anyone please explain what that means? Would that mean they will just send me the Fixed penalty +/- points or does this mean something bigger and they will automatically refer the matter to the court?

Anything I need to do? Shall I write back to them accepting the decision and asking for a course and/or penalty?

This is my first Road traffic/ police trouble ever and feeling a bit anxious.

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Dave Green

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Re: The Code for Crown Prosecution
« Reply #1 on: March 08, 2025, 02:17:37 pm »
All "full code" means is that there is enough evidence for a realistic prospect of a successful prosecution and that such a prosecution is in the public interest:
(see section 4)

https://www.cps.gov.uk/publication/code-crown-prosecutors

All you can do is to wait to hear further but unless there is something that you've not mentioned, I can't see why a conditional offer of a fixed penalty or a course shouldn't be offered.

andy_foster

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Re: The Code for Crown Prosecution
« Reply #2 on: March 08, 2025, 03:32:43 pm »
The police's response to your letter is likely to be a template letter which may or may not address any of the points raised in your undisclosed communication. Otherwise it is mostly meaningless/irrelevant beyond being an answer to any request to drop the matter as you are very, very sorry.

Generally speaking, whilst it is an offence to go through an amber light, unless it is not safe to stop, camera enforcement relies on 2 photos taken after the lights have turned red - proving that some part of your vehicle moved forward across the line while the red light was showing.

From what you have told us, they will not have such evidence. However, it seems more probable that the photos will show a slightly different version of events than you have told us. Also, whether the police would need the usual evidence in this case would seem to depend on what you did or not confess to in your letter.

Unfortunately, you are not entitled to see the evidence against you at this stage, and the usual ruse of requesting photos "to help to identify the driver" tends to be less effective when you have already returned the form naming the driver.
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