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Police suspend speed gun patrols | Police suspend speed gun patrols |
(10 minutes later) | |
Police are reviewing their use of laser speed guns in south Kent after a court case where it was found an officer had failed to set up the device properly. | Police are reviewing their use of laser speed guns in south Kent after a court case where it was found an officer had failed to set up the device properly. |
The gadgets have been out of service while the county's force ensures they are operated correctly. | |
Police chiefs have ordered there should be no more fixed penalties or summonses issued from using laser guns while the review takes place. | Police chiefs have ordered there should be no more fixed penalties or summonses issued from using laser guns while the review takes place. |
But drivers are warned static and mobile cameras will still be used. | But drivers are warned static and mobile cameras will still be used. |
Reopening historical cases would undoubtedly involve a struggle Jeanette Miller, Association of Motor Offence Lawyers | Reopening historical cases would undoubtedly involve a struggle Jeanette Miller, Association of Motor Offence Lawyers |
Sgt Lynne Castle said: "It was identified through a court case that the set-up procedure [used] for the device in question was incorrect, not the accuracy of the device. | |
"The speed, distance and alignment checks the manufacturer requires prior to use weren't carried out correctly by an officer, therefore the device shouldn't have been used." | "The speed, distance and alignment checks the manufacturer requires prior to use weren't carried out correctly by an officer, therefore the device shouldn't have been used." |
A force statement said: "Kent Police continues to enforce the law and will deal with anyone found to be breaking the speed limit". | |
The review is expected to be completed in about a week's time. | The review is expected to be completed in about a week's time. |
Sgt Castle admitted that some motorists may feel they could now challenge previous speeding fines. | Sgt Castle admitted that some motorists may feel they could now challenge previous speeding fines. |
But Jeanette Miller, president of the Association of Motor Offence Lawyers, said: "Reopening historical cases would undoubtedly involve a struggle as I doubt the courts will be happy to entertain a 'floodgates' situation on the basis of one officer's failings. | But Jeanette Miller, president of the Association of Motor Offence Lawyers, said: "Reopening historical cases would undoubtedly involve a struggle as I doubt the courts will be happy to entertain a 'floodgates' situation on the basis of one officer's failings. |
"The question I suspect magistrates would ask is: Was the case concerned with one officer's actions or those of the entire constabulary?" | "The question I suspect magistrates would ask is: Was the case concerned with one officer's actions or those of the entire constabulary?" |
'No calibration issues' | |
Miss Miller added that Kent Police's policy review was "to be commended as they have clearly identified a training need that, if left unaddressed, could lead to unsafe convictions". | Miss Miller added that Kent Police's policy review was "to be commended as they have clearly identified a training need that, if left unaddressed, could lead to unsafe convictions". |
She also said it was not the first time she had come across a speeding prosecution where the police officer had not followed set-up guidelines. | She also said it was not the first time she had come across a speeding prosecution where the police officer had not followed set-up guidelines. |
A statement issued by the Association of Chief Police Officers said: "Following the outcome of the court case in Kent, there are no questions surrounding the technology used in the case in question. | |
"The issue highlighted in the court case was simply that the operator was unable to prove the distance measurement as part of the pre-enforcement checks that take place prior to a patrol. | |
"There are no issues over calibration and the device as all lasers devices can be safely relied upon." |