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Police target driving 'loopholes' Police target driving 'loopholes'
(about 2 hours later)
Reckless drivers who use legal loopholes to avoid conviction are being targeted in a new police initiative.Reckless drivers who use legal loopholes to avoid conviction are being targeted in a new police initiative.
The Association of Chief Police Officers (Acpo) is training police and CPS lawyers to make stronger cases.The Association of Chief Police Officers (Acpo) is training police and CPS lawyers to make stronger cases.
Police are frustrated that lawyers well versed in motoring laws are using small print to win acquittals for those charged with reckless or drink-driving.Police are frustrated that lawyers well versed in motoring laws are using small print to win acquittals for those charged with reckless or drink-driving.
Acpo is also introducing a team made up of a lawyer and a former police officer to help prosecute speed camera cases.Acpo is also introducing a team made up of a lawyer and a former police officer to help prosecute speed camera cases.
The association hopes motorists will avoid contesting their speeding charge because if they lose, their costs will include up to £4,000 for the cost of the team.The association hopes motorists will avoid contesting their speeding charge because if they lose, their costs will include up to £4,000 for the cost of the team.
And police say they will be keeping a close eye on drivers who they think have been wrongly acquitted of crimes.And police say they will be keeping a close eye on drivers who they think have been wrongly acquitted of crimes.
There have been a number of cases where people feel that justice has not been done Meredydd HughesSouth Yorkshire Police There have been a number of cases where people feel that justice has not been done Meredydd HughesSouth Yorkshire Police href="http://newsforums.bbc.co.uk/nol/thread.jspa?threadID=3791&edition=1" class="">Send us your comments
Meredydd Hughes, the chief constable of South Yorkshire Police, said officers were becoming increasingly frustrated with lawyers who used legal small print to help win acquittals for clients.Meredydd Hughes, the chief constable of South Yorkshire Police, said officers were becoming increasingly frustrated with lawyers who used legal small print to help win acquittals for clients.
He said it was the police's responsibility to prosecute offences correctly.He said it was the police's responsibility to prosecute offences correctly.
But he said: "There have been a number of cases where people feel that justice has not been done, both in the drink-driving world and in other cases where people have evaded the law having driven cars recklessly and at very high speeds.But he said: "There have been a number of cases where people feel that justice has not been done, both in the drink-driving world and in other cases where people have evaded the law having driven cars recklessly and at very high speeds.
Celebrity acquittalsCelebrity acquittals
"I think my colleagues in the roads policing groups will share my anger when people are unjustly acquitted and I'm sure they'll be looking for those drivers."I think my colleagues in the roads policing groups will share my anger when people are unjustly acquitted and I'm sure they'll be looking for those drivers.
"And if they haven't mended their ways we have an attitude in the police service that we'll see them again sometime.""And if they haven't mended their ways we have an attitude in the police service that we'll see them again sometime."
Jane Thomson and her family were involved in a head-on collision with a lorry which left her husband badly injured.Jane Thomson and her family were involved in a head-on collision with a lorry which left her husband badly injured.
Another car driver was arrested for drink driving but procedural errors by police meant he was not prosecuted.Another car driver was arrested for drink driving but procedural errors by police meant he was not prosecuted.
She told BBC News: "Matt had a broken neck in five places. He's got memory loss now, his personality's changed and, also, our 18-month-old baby had actually gone unconscious and stopped breathing."She told BBC News: "Matt had a broken neck in five places. He's got memory loss now, his personality's changed and, also, our 18-month-old baby had actually gone unconscious and stopped breathing."
She told Radio 4's Today programme it was time police took action to stop culprits using loopholes to escape the law.She told Radio 4's Today programme it was time police took action to stop culprits using loopholes to escape the law.
"These things have to be done. It's been a long time coming. Obviously it's not going to help us but it will stop other people going through what we've had to go through.""These things have to be done. It's been a long time coming. Obviously it's not going to help us but it will stop other people going through what we've had to go through."
She said: "The police should be doing their job properly and they need further training to make sure this doesn't happen."She said: "The police should be doing their job properly and they need further training to make sure this doesn't happen."
Lawyer Nick Freeman, dubbed "Mr Loophole" owing to his talent for finding unusual technical defences, said it was "disgraceful" that culprits could escape punishment on minor technicalities.Lawyer Nick Freeman, dubbed "Mr Loophole" owing to his talent for finding unusual technical defences, said it was "disgraceful" that culprits could escape punishment on minor technicalities.
He told BBC News: "For certain people who may have been involved in a serious road traffic accident, the person who has caused that accident is arrested, he's processed by the police, the police make a mistake, get it wrong and that person walks away.He told BBC News: "For certain people who may have been involved in a serious road traffic accident, the person who has caused that accident is arrested, he's processed by the police, the police make a mistake, get it wrong and that person walks away.
The chief constable [Meredydd Hughes] seems to be being a bit vague as to exactly what he's saying in these cases James Welch, Liberty Profile: Nick FreemanThe chief constable [Meredydd Hughes] seems to be being a bit vague as to exactly what he's saying in these cases James Welch, Liberty Profile: Nick Freeman
"From a moral standpoint, there's absolutely no justice in that situation.""From a moral standpoint, there's absolutely no justice in that situation."
Mr Freeman says he abhors drink drivers but that his job is still to defend his clients.Mr Freeman says he abhors drink drivers but that his job is still to defend his clients.
He said the Acpo proposals would probably lead to more convictions but added: "The worrying thing is why do we have to hear about this? One would presume that the police would be doing their job properly from the outset.He said the Acpo proposals would probably lead to more convictions but added: "The worrying thing is why do we have to hear about this? One would presume that the police would be doing their job properly from the outset.
"I've been defending people for about 25 years and this isn't anything new.""I've been defending people for about 25 years and this isn't anything new."
Campaign group Liberty raised concerns that police may unlawfully target individuals who they believe have been unfairly acquitted of motoring offences.Campaign group Liberty raised concerns that police may unlawfully target individuals who they believe have been unfairly acquitted of motoring offences.
There have been some high-profile examples of people avoiding punishment for driving offences, including cases where couples have argued that they could not remember who had been driving at the time.There have been some high-profile examples of people avoiding punishment for driving offences, including cases where couples have argued that they could not remember who had been driving at the time.
Liberty spokesman James Welch told BBC News: "If [Mr Hughes] is suggesting that police officers are going to target people they consider have been unjustly acquitted - meaning they are going to stop them on a number of occasions when they don't have a good reason - then that should be wrong in principle and probably is almost certainly illegal as well."Liberty spokesman James Welch told BBC News: "If [Mr Hughes] is suggesting that police officers are going to target people they consider have been unjustly acquitted - meaning they are going to stop them on a number of occasions when they don't have a good reason - then that should be wrong in principle and probably is almost certainly illegal as well."