bsmurph83
24-05-2009, 12:30 PM
Evidence was gathered illegally because 6,000 speed cameras were not given proper Parliamentary approval, it was claimed in a test case.
The action has been brought by a Aitken Brotherston, 61, a businessman from Lyme, Cheshire, who is appealing against a speeding conviction.
Michael Shrimpton, his counsel, told Manchester Crown Court that the case had wide-ranging implications.
It could mean that an estimated £600 million collected in fines and accompanying penalty points were invalid and trigger an avalanche of compensation claims from motorists.
Mr Shrimpton said a change in the 1988 Road Traffic Offenders Act in 1991 had not been properly implemented.
Until then the law that merely required the Home Secretary to approve the technical evaluation of the speed cameras. But since then additional Parliamentary approval has also been required for the devices.
Successive Home Secretaries, starting with Michael Howard in 1992, had failed to do so.
"But this was not done," Mr Shrimpton said. "It is an insult to Parliament in general that it had not identified a single device. This is a very important constitutional point.
"Since 1992 there have been hundreds of thousands of cases which we think are invalid.
"Speeding fines and convictions effect the very fabric of our society. Businesses and people's lives are severely affected when there is a ban from driving or fines.
"There are considerable economic considerations to take into account."
Mr Shrimpton added: "What the Department of Public Prosecutions is saying is that a Minister for example could decide to bring back hanging and he could do so without going to Parliament.
"He could draw up an order without Parliament seeing it and it would then become law."
Nearly 80 other cases are lined up behind Brotherston's which is likely to end up in the House of Lords.
The businessman, of was caught doing 52mph by a speed camera mounted in the back of a van in a 40mph zone.
He was photographed on the A5103 at 1pm on November 6 2006 while he drove his Y-reg Mitsubishi Gallant Estate out of the city centre.
Mr Brotherston received three points on his licence but he is adamant he was not speeding.
Guy Williams, the camera operator told the court: "That vehicle seemed to be driving in excess of 40mph. On seeing this I then aligned my crosshairs on the front of the car producing a reading of 52mph."
The case continues. (http://www.telegraph.co.uk/motoring/news/4387759/Nearly-all-speed-cameras-in-Britain-illegal-court-is-told.html)
In Australia, I'm told that the government has recently entered into a mad rush to properly test and approve speed cameras which previously have not been legal and often been proven as unreliable and defective.
The action has been brought by a Aitken Brotherston, 61, a businessman from Lyme, Cheshire, who is appealing against a speeding conviction.
Michael Shrimpton, his counsel, told Manchester Crown Court that the case had wide-ranging implications.
It could mean that an estimated £600 million collected in fines and accompanying penalty points were invalid and trigger an avalanche of compensation claims from motorists.
Mr Shrimpton said a change in the 1988 Road Traffic Offenders Act in 1991 had not been properly implemented.
Until then the law that merely required the Home Secretary to approve the technical evaluation of the speed cameras. But since then additional Parliamentary approval has also been required for the devices.
Successive Home Secretaries, starting with Michael Howard in 1992, had failed to do so.
"But this was not done," Mr Shrimpton said. "It is an insult to Parliament in general that it had not identified a single device. This is a very important constitutional point.
"Since 1992 there have been hundreds of thousands of cases which we think are invalid.
"Speeding fines and convictions effect the very fabric of our society. Businesses and people's lives are severely affected when there is a ban from driving or fines.
"There are considerable economic considerations to take into account."
Mr Shrimpton added: "What the Department of Public Prosecutions is saying is that a Minister for example could decide to bring back hanging and he could do so without going to Parliament.
"He could draw up an order without Parliament seeing it and it would then become law."
Nearly 80 other cases are lined up behind Brotherston's which is likely to end up in the House of Lords.
The businessman, of was caught doing 52mph by a speed camera mounted in the back of a van in a 40mph zone.
He was photographed on the A5103 at 1pm on November 6 2006 while he drove his Y-reg Mitsubishi Gallant Estate out of the city centre.
Mr Brotherston received three points on his licence but he is adamant he was not speeding.
Guy Williams, the camera operator told the court: "That vehicle seemed to be driving in excess of 40mph. On seeing this I then aligned my crosshairs on the front of the car producing a reading of 52mph."
The case continues. (http://www.telegraph.co.uk/motoring/news/4387759/Nearly-all-speed-cameras-in-Britain-illegal-court-is-told.html)
In Australia, I'm told that the government has recently entered into a mad rush to properly test and approve speed cameras which previously have not been legal and often been proven as unreliable and defective.