Motorists being prosecuted for speeding offences may now have their cases reviewed, following a ground breaking ruling last week. It revealed a handheld laser device used by police to monitor motorists breaking the speed limit, hasn’t undergone the required Home Office checks. Therefore it can’t be used as proof of speeding in court.
Mr. Colin Mattey, a senior Director at British Telecom was accused of driving at 46 mph in a 30mph zone in Birkenhead on 25th May 2007. He contacted Jeanette Miller, Senior Partner at motor defence specialists Geoffrey Miller Solicitors to represent him, adamant he hadn’t broken the speed limit. Mr. Mattey insisted the speed alleged by the officer in the case was simply wrong.
The case concluded at Wirral Magistrates’ Court on 24thSeptember 2008. District Judge Sanders ruled that the Unipar SL700 used to measure Mr. Mattey’s alleged speed was not Home Office Type Approved, and therefore there was insufficient evidence of speeding to convict him. Mr. Mattey’s innocence was upheld, and he was acquitted due to the huge hole in the technical evidence of the case.
There are over 40 type approved devices used to measure speed on the UK’s roads by the Police. Type approval means that the Home Office has approved the use of the device for the purpose of speed detection and evidence in any subsequent prosecution. Type approval involves a rigorous testing process and can take years to achieve.
Calibration of speed is a specific requirement of annual calibration. The annual calibration is one of the main conditions of type approval for a device, and all other manufacturers of speed measurement devices provide this information on their calibration certificates. In this case it was found that there was no evidence of speed calibration being performed as required. Consequently the speed measuring device was uncalibrated. Therefore it could not be relied upon in a court of law, and without evidence of the speed measurement, the prosecution case failed.
The significance of the outcome of this case could be far reaching, and could affect every ongoing prosecution involving a Unipar SL700 in the country. This device has been referred to as the “Rolls Royce of speed detection devices,” and so this major omission in the calibration process will undoubtedly cause great embarrassment to Unipar and to ACPO and the Home Office.
Jeanette is aware of several ongoing cases involving her own clients, and expects the Crown Prosecution Service to review all such cases in the coming weeks. It may also possible for convicted motorists to seek to have their own cases reopened.
Anyone seeking advice about an ongoing case involving the SL700 should contact the team at Geoffrey Miller Solicitors on freephone 08000 85 27 84.
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