A Good Cop Or A Bad Cop?

[sir.prize]

This ones a lucky fella. Wonder what he must do to get nicked?

Good job he didn't run into anyone.

http://www.guardian.co.uk/uk/2013/apr/05/police-officer-cleared-dangerous-driving

[Gromit]

Driving at 108mph and not seeing a traffic island is worrying despite his 'special skills'.

I am not sure apprehending a stolen vehicle is worth such wreckless driving and possible loss of life.

[sir.prize]

159mph on the previous occasion is worrying too. Amazingly he was convicted but the judge then discharged him.

[Gromit]

The original conviction was upheld by a judge who then discharged him. Odd.

Maybe those are the 'Special Skills' he boasts about.

[sir.prize]

His Special Skill . . . is being a police officer.

[sandyRoe]

Should he not be moved to other duties that don't involve driving?

[sir.prize]

Of course not, Sandy. He is innocent of any offences.

[Orderlimit]

I was surprised when Milton got away with driving at 159mph, but he was lucky to have had District Judge Bruce Morgan, a one man crime deterrent who took no messing.

Yes it is in the public's interest to stop vehicles suspected as stolen or involved in crime etc but not worth putting the public at risk, especially as nowt is really going to happen to a disqual driver or thief.

[FredPuli43]

Evidently,anyone can run that defence successfully, in the unlikely event that they can show they have such special skills and the court is satisfied that they did not, beyond reasonable doubt, present any danger. Speed in itself is not conclusive ; the driving must be judged in all the circumstances of the case (DPP v Milton [2006] ) "Special skills " in a defence, however, has been doubted. There is a case where it was disapproved of but the disapproval was in the nature of a judicial aside, not part of the judgment, and so is not binding on lower courts (R v Bannister [2010]) The logic in the objection was that the standard set in the Road Traffic Act 1988 is "the way he drives falls far below what would be expected of a competent and careful driver" and "it would be obvious to a competent and careful driver that driving in that way would be dangerous" and so whether or not the defendant is an exceptionally skilful (or incompetent) is irrelevant; the court should not substitute "special skill" in a driver for that of the ordinary careful and competent driver.

We await a play-off ! Some case may arise in the Court of Appeal where that last view forms part of the judgment and "special skills" no longer apply.

[FredPuli43]

By the way, the Mr Milton in DPP v Milton (above) is this police officer.