Sped Camera

[patelriley]

I was recently caught by exceeding to 36 mph in 30 mph limit. CPU provided the photograph and a calibration certificate for a camera ser.no. 449186. There was no reference of this camera on the photograph provided and I had no way to establish that the photograph was taken by this camera or any other. When I enquired about this they only provided the site log which had 449186 completed by the officer at the time. when I raised with them again that the photograph does not indicate that the photograph was taken by the camera no. 449186 they advised that I will have to raise that in a magistrates court. Am I right to challenge this.

[New Judge]

Yes, baz. A victim surcharge applies to all criminal convictions (including motoring offences). The amount of the surcharge depends on the sentence passed. It is currently:

Conditional Discharge: £15
Fine: 10% of the fine with a £20 minimum and £120 maximum
Community Order: £60
Suspended prison sentence (up to 6 months): £80
Suspended prison sentence (over 6 months): £100

There is legislation to impose a charge for those sentenced to immediate custody but it has not yet been enacted.

Slightly more controversial is the recently introduced "Criminal Court Charge". The government has recenly decided that all those convicted in court will contribute towards the cost of their court hearing. The scale of charges depends on the type of offence and whether the offender pleaded guilty or was found guilty at trial. The current scale of charges are:

Guilty pleas:
Summary (Magistrates' Court) offence: £150
Either Way Offence: £180
Indictable Only (Crown Court) Offence: £900

Found guilty at trial (Not Guilty pleas):
Summary (Magistrates' Court) offence: £520
Either Way Offence: £1,000
Indictable Only (Crown Court) Offence: £1,200

Magistrates and judges have no discretion over either of these charges. They both must be imposed in full. Those sentenced to a custodial sentence face payment of the charge when they are released. Although they have discretion over fines and prosecution costs sentencing guidance suggests that these should not be reducedd to offset the effect of the Criminal Court charge. Hence my warning to patelriley that he faces a total of over a grand should he be convicted.