On 22nd March 2013 a Judge at Leamington Spa Crown Court said that motorists who have been prosecuted for speeding in connection with the M6/M42 variable speed limit cameras should be able to apply to the Magistrates’ Court to re-open their cases.
HHJ Orme said “It would be inequitable to deny those convicted the opportunity to re-open their case”.
This paves the way for motorists convicted of speeding offences arising from the variable speed limit signs on the M6/M42 before 27th November 2012 to apply to the Magistrates’ Court to have their conviction and sentence re-opened and set aside.
There is no doubt that Magistrates have discretion to re-open these cases and a number are already in the pipeline.
The Crown Prosecution Service has already accepted that until 27th November 2012 the signs were not properly authorized and has dropped some cases. Once convicted cases are re-opened, the CPS will have to decide whether or not to carry on with them. If they do, we will argue that it would be unfair for them to prosecute some motorists, but not others.
This follows on from news earlier in March that such convictions could be made invalid.
If you may be affected and would like to challenge your conviction and penalty points or disqualification, you should contact Richard Silver for advice as soon as possible.
Call us on 0808 231 3908