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Police suspend speed gun patrols Police suspend speed gun patrols
(about 2 hours 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.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 'Community concerns'
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.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". A force statement said: "Hand-held laser guns are used at local level in response to community concerns about speeding and road safety.
"Their use has been temporarily withdrawn in the south Kent policing area following a recent court case, to ensure that officers are aware of and follow the appropriate policy and manufacturers instructions for their use."
Reopening historical cases would undoubtedly involve a struggle Jeanette Miller, Association of Motor Offence Lawyers
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?"
'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.
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.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."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.""There are no issues over calibration and the device as all lasers devices can be safely relied upon."