Cleveland Speeding Cases...Thousands of Miscarriages of Justice

Advice coming from the Cleveland Magistrates Court is to 'get a solicitor.'
Rather than Cleveland Police voluntarily refunding all motorists wrongly convicted it appears as though everyone is going to have to stake their own claim.

Read the press reports here and here on how Dr. William Dehany won an appeal against a speeding conviction based on the fact the Cleveland Police Notices of Intended Prosecution were incorrectly worded.

Useful legislation is highlighted below:

Criminal Appeal Act 1995 (c. 35)
1995 Chapter 35 - continued

PART III

OTHER PROVISIONS

Powers of magistrates' courts to rectify mistakes
Extension of power of courts in England and Wales.
26. - (1) Section 142 of the Magistrates' Courts Act 1980 (power of magistrates' courts to re-open cases to rectify mistakes etc.) shall be amended as follows.

(2) In subsection (1) (power, subject to subsection (4), to vary or rescind a sentence or other order), for the words from the beginning to "offender;" substitute "A magistrates' court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so;".


Magistrates Court Act 1980

142. Power of magistrates' court to re-open cases to rectify mistakes etc.
(1) A magistrates' court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.
(2) Where a person is convicted by a magistrates' court and it subsequently appears to the court that it would be in the interests of justice that the case should be heard again by different justices, the court may so direct.