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Thread: Court Date?

  1. #1
    Kabbage is offline Member
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    Default Court Date?

    My son crashed his car on 15/12/2017 due to driving under the influence of alcohol. When the police arrived he was outside of the vehicle, not near the car. He was taken to hospital and had blood taken. A few days later he gave a `no comment` statement at the police station, they could not arrest him with drink driving as they had no proof he was actually driving the car. Two week later on 17/12/2018 the police turned up at our home and gave my son his toxicology report which said the amount of alcohol in his blood. They said he was being charged with driving under the influence of alcohol and this would now go to court. He was given no charge sheet etc, only the toxicology report. My question is, he has still not heard anything from the CPS or the police regarding any dates. As this would be a summary case is there a length of time that a date must come through, for instance should he hear within so many months? He is waiting to join the Royal Marines and obviously cant until this is sorted.


  2. #2
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    I represent people accused of road traffic offences all over England and Wales
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    Default Re: Court Date?

    There is a deadline of 6 months form the date of the allegation for the CPS to formally issue a charge. This is likely to be received by postal requisition and could come any time within that 6 month period. The postal requisition would not necessarily need to be received in that 6 month period as long as a charge is laid within 6 months and the postal requisition is received in plenty of time prior to the hearing.

  3. #3
    Kabbage is offline Member
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    Default Re: Court Date?

    Sorry trying to understand that reply. So basically he should receive a date within six months but could receive a date later than six months?

  4. #4
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    Default Re: Court Date?

    A charge needs to be laid and the information issued with the court within 6 months of the date of the allegation. This sometimes happens very close to the deadline and confirmation of charge by way of a postal requisition is then delayed until after the 6 months. The important date to have in mind is the date the charge is issued and the information is laid with the court not the date the postal requisition is posted to your son. The reality is that a postal requisition will be received within 6 months but this sequence of events is something to bare in mind if this is received after the 6 month deadline. Although this is rare, you should consider speaking with a solicitor about the sequence of events if a postal requisition is received after the 6 months.

  5. #5
    Kabbage is offline Member
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    Default Re: Court Date?

    As you say a charge needs to be laid. Is the charge he had verbally at home not the `official charge`? Will a charge come to him or should come to him by post from the police before a court date is decided? And then I take it if he receives a charge through the post then a court date will be issued which of course could be later than six months of the original crash. Just don`t understand why they take so much time over this when other locals have already been charged/sentenced etc. I know its all part of the punishment.

  6. #6
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    Default Re: Court Date?

    Yes, the court date may not happen until after the 6 month period. I suspect that the difference here is that this involves a specimen of blood whereas most cases of drink driving involve a breath reading where the charge is laid immediately. Blood cases tend to take a different route to court given that the blood is sent out to be analysed and the charging process is then generally lengthened further.

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