mmmm.... donuts!
(somebody had to)
Why? If a warrant isn't correct, the information gleaned with it isn't admissable to a court. So why should a different piece of paperwork be any different? Surely it's a legal document, and should be filled in correctly. It's not as if it's fucking difficult to do it right.
Really?? That can't be right, surely??
It's only when you take the piss out of a partially shaved wookie with an overactive 'me' gene and stapled on piss flaps that it becomes a problem.
Summary Proceedings Act 1957 (....) S.204
Proceedings not to be questioned for want of form
No information, complaint, summons, conviction, sentence, order, bond, warrant, or other document, and no process or proceeding shall be quashed, set aside, or held invalid by any District Court or by any other Court by reason only of any defect, irregularity, omission, or want of form unless the Court is satisfied that there has been a miscarriage of justice.
This is correct. The first handwritten notice doesnt mean jack schit. The second one is the one that must be correct.
In this case you don't have a leg to stand on - not that you trying to evade it, but just to answer your question.
This is why it is very important to do NOTHING if there is a mistake on the handwritten notice. The game is to wait and see if the error comes out on the Legal Document - if it does, they are rooted. Their legal document must must must be correct. Lots and lots of people ring them up and say "wahhhhhh theres an error on the handwritten notice" and they go "ewps, my bad" and they correct it and then send you the legal document..
edit: oh I'm not a lawyer.
Steve
"I am a licenced motorcycle instructor, I agree with dangerousbastard, no point in repeating what he said."
"read what Steve says. He's right."
"What Steve said pretty much summed it up."
"I did axactly as you said and it worked...!!"
"Wow, Great advise there DB."
WTB: Hyosung bikes or going or not.
Which is why they water down the consequences at roadside, less chance of you arguing against it.
Surely is. Most they *have* to do is tell you your rights if they arrest you - "You have the right to remain silent , blah blah, to consult a solicitor blah blah etc".
You are expected to know the law. It's not the cop's job to explain it to you. As a matter of operating *practice* police will do their best to explain what is happening to people. But that's a different matter to a legal obligation
Originally Posted by skidmark
Originally Posted by Phil Vincent
Wrong.
Maybe you are confusing this with the law as it was in regard to demerit points. It used to say that before you could have your licence suspended, the police/LTSA had to send you a letter warning that you were close to the magic 101.
But no more. Letter or no letter, 101 points is walking speed.
It is preferential to refrain from the utilisation of grandiose verbiage in the circumstance that your intellectualisation can be expressed using comparatively simplistic lexicological entities. (...such as the word fuck.)
Remember your humanity, and forget the rest. - Joseph Rotblat
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