Speeding Loopholes

Gatso Camera & Radar Speed Guns

A Motorist’s Guide to the ACPO Requirements for the Use of Gatso Camera & Radar Devices


An indispensable guide for anyone caught speeding

- Conor Johnstone, Solicitor
  • Practical advice for every motorist accused of speeding
  • Check whether the police complied with their own rules
  • A simple check-list to help you find mistakes made by the police
  • Discover loopholes in the evidence against you
  • 68 key questions to test the police

Police Guidance on Speeding Offences

Any police officer or camera enforcement officer who operates a radar gun to measure a motorist’s speed or who views images from a Gatso Camera, should comply with the police force’s own Code of Practice. This booklet concerns the 2004 Association of Chief Police Officers’ Code of Practice for the Operational Use of Road Policing Enforcement Technology (referred to as the ‘ACPO Code’ throughout this booklet).

Please note that the 2004 ACPO Code has been replaced by the 2011 Association of Chief Police Officers’ Guide for the Operational Use of Speed and Red Light Offence Detection Technology (issued December 2011). A separate booklet exists for the 2011 Guide.

This booklet, relating to the 2004 ACPO Code remains relevant because many police forces and / or individual officers still operate speed devices according to the 2004 ACPO Code. The vast majority of officers who operate speed speed devices will have been doing so since before December 2011 will therefore have been trained according to the 2004 version.

I hesitate to use the word “will” in relation to training. Perhaps “should” have been trained would be more precise. Many officer have never received any formal training.

This booklet contains an important summary of the ACPO Code of Practice and sets out all the responsibilities of the police when operating radar speed enforcement equipment. I have also incorporated a self assessment check-list to help you determine whether the police have followed the correct procedures when using a radar device to measure your speed.

The booklet is intended as guidance to motorists who have been accused of speeding and I hope it will help you find a mistake or ‘loophole’ in the evidence against you. The check-list contained in this booklet raises 68 important questions to help you determine whether the police actually have the evidence required to achieve a conviction. All the questions raised are important and ones which I would check in every case for my own clients.

The rules relating to the use of radar devices are vast. If the police do not operate the devices correctly then the evidence may not be enough to achieve a conviction – but unfortunately the police do not tell you whether they have made a mistake. It’s up to you to find out. But don’t automatically think that the police are out to cheat you – they may not know what evidence is required either!

I have personally dealt with cases where the police officer dealing with the radar device evidence failed to complete even the most basic checks to ensure the accuracy of the device. If you are unsure – ask! Ask for the evidence and put the prosecution to proof – make them prove their case.

This booklet applies to any of the radar devices currently on the market, including the notorious Gatso Camera widely used by police forces throughout the UK.

Please note that a separate booklet exists for speed offences detected by laser devices. Laser devices are usually manually operated by a police officer.


What is the ACPO Code of Practice?

ACPO stands for the Association of Chief Police Officers. This group of senior police officers have produced a Code of Practice for the Operational Use of Road Policing Enforcement Technology (referred to as the ‘ACPO Code’ throughout this booklet). It applies to all police officers who operate speed enforcement equipment throughout England and Wales. Importantly for the motorist it means that any police officer who fails to follow the ACPO Code precisely when using a radar gun may have his evidence discredited and the motorist may avoid a conviction.

The ACPO Code makes it clear that a failure by the police to follow the ACPO Code precisely may result in the evidence obtained by the police being unreliable or inadmissible.

“It is imperative that the procedures set out in this Manual [the ACPO Code] are applied scrupulously - each link in the evidential chain is of importance, and upon its careful application lays the integrity of the Police Service.” (Foreword to the ACPO Code)

From an evidential point of view, the ACPO Code can be even more important than the actual manufacturer’s instructions for the device used.

“This Association of Chief Police Officers’ (ACPO) Code of Practice provides the operational standards for the Police Service use of road policing enforcement equipment. It should be read in conjunction with manufacturers' instructions. The Code of Practice takes precedence where ACPO’s standards vary from those laid down by the manufacturers.” (ACPO Code - Introduction)

The full ACPO Code is a detailed and complex document running to some 110 pages in length. Much of the information contained within the ACPO Code will not be relevant to your case as it deals with all different types of speed enforcement equipment, not just radar devices. For this reason I have produced this booklet as a guide to the ACPO Code relating solely to radar devices. In addition, I have listed a number of important evidential issues that the police and prosecution need to prove, cross-referenced with the relevant sections in the ACPO Code.

In order to simplify matters, this booklet is designed to pick out only those sections of the ACPO Code that are particularly relevant when a radar device has been used by the police. It is vital to check whether the police complied with the ACPO Code and from a defence point of view the ACPO Code can be used to your advantage.

“This Code of Practice is for the guidance of the enforcer and for the information of those accused of alleged offences who wish to satisfy themselves the correct procedures have been followed when technology was used to detect the alleged offence.” (Introduction – ACPO Code)

This booklet contains a series of questions - a self assessment check-list with a box at the start of each question. You should consider each of the questions asked. If you answer positively then place a tick in the box at the start of each question. Any questions not ticked may indicate an error made by the police and further investigations can then be undertaken in that area.

After each question is a quotation from the ACPO Code along with the relevant section of the ACPO Code. This is provided so that you can see the connection between the questions and the specific responsibility placed upon the police by the ACPO Code.

Do you need legal advice?

The information contained within this booklet should not be regarded as legal advice for your specific case. It is intended as general assistance to help you identify factors that could be relevant in your own case. It goes without saying (but I need to say it anyway for legal reasons) you should obtain proper legal advice from a solicitor before acting on any of the assistance given in this booklet.

Another word of warning, unless you are someone who cuts their own hair and does their own dentistry, please think very carefully before deciding to represent yourself. It will cost you very little, if anything, to have a word with a specialist solicitor prior to taking any action in connection with your own case.

 

A few words on obtaining legal advice – please bear the following points in mind:

  • It may not be as expensive as you think, and it could save you a lot of money in the long run, as well as your driving licence. Some solicitors will also agree to represent you on a fixed fee basis, meaning you will know in advance what it will cost - the fixed fee will not increase whether the case takes one month or one year to resolve.

  • Ensure that the solicitor you speak to is a specialist in speeding defence law. Don’t be afraid to ask how much of their time is spent handling speeding cases. If they also handle other areas of law, chances are they are not specialist at all.

  • Check the charges. I would always advise agreeing a fixed fee so you know exactly what the advice will cost. This way, whether your case takes two months or two years to resolve, your bill stays the same!

  • Try to have a chat with the solicitor who will be handling your case – if you don’t feel entirely comfortable, don’t use them.

  • If you can’t actually speak with the solicitor direct, forget it. Some solicitors employ unqualified case workers or clerks to handle their work. It will drive you crazy if the only people you can ever get hold of know very little about your case.

  • Contact a solicitor direct. A number of internet sites are not actually solicitors but third parties who just refer your case to a solicitor – for a fee.

  • Try to find a solicitor who will offer free initial advice.

  • Be wary of companies who ask for payment immediately - before you even speak with anyone.

Clarke v CPS 2013 EWHC 366 (Admin)

It is worth considering the decision in the above case. In this case, the defendant The court concluded that there is no legal requirement for the police officer involved in a case to check speed detection equipment. The police officer in this case was not the person who carried out the distance check that has to be completed before a tour of duty begins.

Clarke argued that the device had not been "verified as required" by the police officer and such such the Prosecution could not rely on the recorded speed because of this. Clarke also argued that the officer relied on the checks being carried out by another officer and the court had not allowed the hearsay evidence to be admitted in this case.