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The law relating to speeding is going to be re-examined by lawyers following the recent case Clarke v CPS [2013] EWHC 366 (Admin). As well as a number of other factors, this case decided that Manufacturer and ACPO guidelines reflected best practice, but were not mandatory procedures to be followed. Clearly this has placed severe restrictions and road traffic specialist will be re-examining their methods of defence given the far reaching implications of such a decision.


Traditionally most speeding experts, when faced with a defendant who could not accept the speed the authorities were alleging, would ask the Crown to provide proof that the steps required by the Association of Chief Police Officers had been followed. These steps were logical steps which basically checked the accuracy of the device. This new case suggests that even if these steps have been disregarded the defence solicitors will need to bring proof of the fact that the camera was defective.


Having had a lot of experience trying to prise information out of the counties prosecuting authorities I am of the opinion that it will be an uphill struggle to get enough information to do this. A link to the case is below and I welcome opinions.


Clarke v CPS [2013] EWHC 366 (Admin)


Martin Hammond