X-Factor, Coming to a Motorway Near You Soon

edelegal — Wed, 15 May 2019 16:19:31 +0000

The government has passed legislation which permits for the first time a new traffic camera which will assist in catching those motorists using closed lanes on the motorway network. The Secretary of State grants type approval only to devices that have a high degree of accuracy and reliability in performance. This is assessed through rigorous testing by the Counter-Terrorism and Security Division of Defence Science and Technology Laboratory (Dstl) formerly the Home Office Centre for Applied Science and Technology (CAST) and the police in the field. Testing ensures that all devices are robust, reliable in operation and can produce accurate readings or images under a variety of extreme conditions. The courts and public at large can, therefore, rely on the evidence they produce. So-called 'smart motorways' increase road capacity by converting what used to be the hard shoulder into a fully functioning traffic lane. If a court does breakdown and needs to utilise that lane, a red X sign is displayed so signal to motorists approaching that the lane is closed. Regrettably and somewhat puzzling, is the high number of motorists who ignore the lane closure, placing themselves and others at immense risk of death or injury. The new camera will capture the number plates of offending motorists, and significantly will be admissible as evidence in court - this is likely to lead to a dramatic increase in the number of people being given fixed penalties. Highways England has been working with manufacturers to modify the existing REDFLEXhadecs3 speed enforcement device to prosecute Red X and speed offences simultaneously. This has been developed primarily for the English motorway network. This device will be used to prove an offence under section 36(1) of the Road Traffic Act 1988 consisting in the failure to comply with an indication given by a light signal that vehicular traffic is not to proceed and/or an offence under section 36(1) of that Act consisting in the failure to comply with an indication given by a light signal to vehicular traffic not to enter, or proceed in, a traffic lane. It can also be used to prove an offence under section 17(4) of the Road Traffic Regulation Act 1984 consisting in a contravention of regulation 9 of the Motorways Traffic (England and Wales) Regulations 1982 (restriction on the use of hard shoulders) by the driving of a vehicle on the hard shoulder of a motorway. How we can assist If you need specialist advice, then get in touch with Stephanie Brownlees, Sebah Naz Baig or Hashmita Patel on 01902 275 042 and let us help, we deal with all manner criminal offences on a daily basis and have the expertise to get you the best result possible.

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Unlawful Legal Aid Cuts- The MoJ Backs Down

edelegal — Sat, 11 Nov 2017 14:05:27 +0000

The Ministry of Justice (MoJ) has abandoned its' challenge to the April 2017 Court of Appeal decision, which ruled that legal aid cuts for prisoners were unlawful because they were “inherently unfair”. Vulnerable Prisoners There were major cuts to Legal Aid imposed in 2013, following the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). These cuts have had a profound impact on prisoners, particularly vulnerable prisoners with mental health issues or disabilities. The Court of Appeal decided earlier this year that the current system does not have the capacity to fill the gaps left by the removal of Legal Aid, and that safeguards should have been implemented to ensure that all prisoner could engage in processes or decisions about their treatment. The cuts were therefore unlawful. The MoJ immediately declared that this decision would be challenged, but seven months later, before the case reached a hearing before the Supreme Court, the appeal application has been withdrawn. The department announced that it has begun to review the impact of cuts to legal aid, suggesting that someone, somewhere, may finally be listening to us. Not all good news Whilst this is clearly a victory for many prisoners, who for the last seven months have been unassisted with their progression, despite the cuts having been deemed “unlawful”, Legal Aid will not be reinstated at this stage for areas such as appeals against disciplinary decisions or disputes over access to prison courses. Legal Aid will now be available again for Pre-Tariff Reviews by the Parole Board, Category A Reviews and decisions on placing inmates in Close Supervision Centres. If you require advice or assistance in relation to these areas of Prison Law, please contact Stephanie Brownlees today on 01902 275 042 or you can email info@edenlegalservices.co.uk

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X-Factor, Coming to a Motorway Near You Soon

Unlawful Legal Aid Cuts- The MoJ Backs Down