if you was picked for jury duty, and a fellow truck driver came in accused of something like tachograph fraud, overloading, smuggling, speeding on a single carriageway, or plane old tachograph offences.
would you listen to all the evidence, and then make your decision? or just find him not guilty because you know what he’s up against, and you’ve probably done one of the above yourself?
I don’t think speeding on a single carriageway will go in front of a jury somehow 
what have you been charged with this time? 
shuttlespanker:
what have you been charged with this time?
All of the above by the sound of it.
shuttlespanker:
what have you been charged with this time?
[zb] all.
just for future reference. 
bald bloke:
I don’t think speeding on a single carriageway will go in front of a jury somehow
it could do if the driver was speeding away from vosa, then run a bus off the road, and then seeing the bus hit a telephone box might put the icing on the cake.
and did you know, there used to be 2 phone boxes on the A75.
bald bloke:
I don’t think speeding on a single carriageway will go in front of a jury somehow
i think it would depend on what the speed limit of the road was, and also what speed the driver was caught doing
limeyphil:
if you was picked for jury duty, and a fellow truck driver came in accused of something like tachograph fraud, overloading, smuggling, speeding on a single carriageway, or plane old tachograph offences.
would you listen to all the evidence, and then make your decision? or just find him not guilty because you know what he’s up against, and you’ve probably done one of the above yourself?
You would be one of twelve people on the Jury.There would be a lot of discussion before you all reached your verdict.
Never done it and hope I never have to. I’d be asleep in no time especially if it was fraud or this phone hacking crap. Doing the bible thing is a no no for me too. Making a promise while touching a book of fairy tales ffs.
limeyphil:
tachograph fraud, overloading, smuggling Elvis, speeding on a single carriageway, tachograph offences, failing to wind landing legs up all the way, failure to do 15 min walk round.
My mates mates dad got £25.59 fine from vosa for all above at road side check and a driver conduct hearing with Mrs Bell but its just a formality as she takes pity on truck drivers just trying to earn an honest crust.
Sent from my GT-I9100P using Tapatalk 2
shuttlespanker:
bald bloke:
I don’t think speeding on a single carriageway will go in front of a jury somehowi think it would depend on what the speed limit of the road was, and also what speed the driver was caught doing
Well I’ll be very surprised to see a speeding offence go in front of a jury, I mean how much would that cost.
bald bloke:
Well I’ll be very surprised to see a speeding offence go in front of a jury, I mean how much would that cost.
Not possible, an offence can only be tried in a Crown Court if it potentially carries a penalty of six month’s imprisonment or more.
Jurors are told what cases they will be sitting on and asked if they have any “conflict of interest” with the defendant or the offence. I presume you would have to admit to it there if you were a trucker sitting on the jury of a fellow truckers case?!
Yes, if i felt unable to judge someone fairly due to my job or beliefs i would ask to be excused.
The word is Duty, and should be taken seriously.
Juddian:
Yes, if i felt unable to judge someone fairly due to my job or beliefs i would ask to be excused.The word is Duty, and should be taken seriously.
I can’t help but think “■■■■■■■■” to duty, especially if it cuts my wages; Or do they compensate you fully? I couldn’t afford to be on a long trial f they just pay expenses.
Harry Monk:
bald bloke:
Well I’ll be very surprised to see a speeding offence go in front of a jury, I mean how much would that cost.Not possible, an offence can only be tried in a Crown Court if it potentially carries a penalty of six month’s imprisonment or more.
as i said earlier, it depends on how fast the accused was driving, some speeding offences have resulted in imprisonment in the past
Muckaway:
Juddian:
Yes, if i felt unable to judge someone fairly due to my job or beliefs i would ask to be excused.The word is Duty, and should be taken seriously.
I can’t help but think “■■■■■■■■” to duty, especially if it cuts my wages; Or do they compensate you fully? I couldn’t afford to be on a long trial f they just pay expenses.
My lad had to do his stint, paid some of his wages but he’s on a good screw, not fully re-imbursed.
If you think Duty is ■■■■■■■■ then it would be as well if you explain that should you get called.
Harry Monk:
bald bloke:
Well I’ll be very surprised to see a speeding offence go in front of a jury, I mean how much would that cost.Not possible, an offence can only be tried in a Crown Court if it potentially carries a penalty of six month’s imprisonment or more.
That’s pretty much it.
In the law of England and Wales, offences are split into three types - ‘indictable only’, ‘summary’ and ‘either way’. ‘Indictable only’ offences are the most serious offences, which can only be tried in the Crown Court. ‘Summary’ offences, which includes the majority of motoring offences, can only be tried in the magistrates court, usually by lay magistrates, though sometimes by a district judge. You cannot opt for Crown Court trial on a summary offence.
‘Either way’ offences can be tried either way. Sometimes the magistrates decide the matter is too serious or complex for them to try, so they send the case to the Crown Court. If this does not happened, the accused gets to choose which mode of trial. Following conviction on an either way offence, the magistrates can send the matter to the Crown Court for sentencing if they feel their powers are inadequate.
The Crown Court has greater sentencing powers, but statistics show a greater chance of acquittal at Crown Court. If you intend to plead guilty to an either way offence, you should elect for trial by the magistrates, as you will likely finish up with a lesser sentence. If you intend to plead not guilty, it is a case of choosing which mode of trial carefully, taking advice from your lawyers.
It is easiest to see which offences lie in which category by considering the ‘either way’ offences. For motoring, the ‘either way’ offences are dangerous driving and causing death by careless driving. The more serious offences of causing death by dangerous driving and manslaughter are indictable only. Driving whilst disqualified is usually summary only, but can be included on an indictment if it relates to the same facts or evidence as other offences to be tried on indictment.
Most tachograph offences, also construction and use offences such as overloading, are summary offences. Fraud Act 2006 offences, which cover the majority of fraud, are either way offences. Perverting the course of justice, as some who gave false information in reply to speed camera pictures have found to their cost, is indictable only.
A member of a jury is supposed to decide based only on the evidence presented and any guidance about the law given by judge. Anything else risks conviction for contempt of court, as a jury member who searched on the Internet for information about the accused found to her cost earlier this year. If she needed guidance on the definition of grievous bodily harm (Offences Against the Person Act 1861, sections 18 and 20), she should have asked for a note to be sent to the judge, as it is a term defined in case law (as ‘really serious bodily harm’, or sometimes ‘serious bodily harm’) and the judge’s job is to interpret the law.
shuttlespanker:
as i said earlier, it depends on how fast the accused was driving, some speeding offences have resulted in imprisonment in the past
There must have been another offence involved, the maximum penalty for speeding is a £1,000 fine, (except for motorway offences, where the maximum is £2,500) and a 120 day driving ban.
Harry Monk:
shuttlespanker:
as i said earlier, it depends on how fast the accused was driving, some speeding offences have resulted in imprisonment in the pastThere must have been another offence involved, the maximum penalty for speeding is a £1,000 fine, (except for motorway offences, where the maximum is £2,500) and a 120 day driving ban.
Yes, if the speed is high enough, the charge will be dangerous driving, as a result of the high speed, rather than simply exceeding the speed limit.
Regards,
Nick