Martin Arthur, Solicitor

Dealing with Police or Vehicle Inspectorate

Why Pleading Guilty and Paying the Fine is Not a Cheap Option

A conviction for an offence by one of these agencies can have a particular significance for Goods or Passenger Vehicle Operators.  Their licence incorporates an undertaking to notify the Traffic Commissioner of convictions for any Road Transport or other serious offences within 28 days.  It is mandatory for a Traffic Commissioner to revoke an Operator's licence for loss of repute under s.27 (1)(a) Goods Vehicles (Licensing of Operators) Act 1995 and s.17 (1) Public Passenger Vehicles Act 1981 if the Operator has more than one conviction of a serious offence or has been convicted of road transport offences.

Operators tended to think that pleading guilty and paying the fine was the quickest and cheapest way to deal with these problems, even if the case might have been defendable, but that is not now a sound option because a conviction can so easily lead to loss of Repute.

A specialist Solicitor can help you by looking after your interests from the first moment you become aware of an investigation:

The Interview

An investigating officer has a job of work to do and will be endeavouring to obtain a conviction if his view of the evidence justifies it.  In terms of securing a conviction the interview is an important part of the process.

The record of the interview could form a key part of the eventual case against you.  If you have offered evidence when there is in fact no other satisfactory or corroborated evidence against you you will have caused your own downfall!

The officer should disclose sufficient justification for the interview under the provisions of the Police and Criminal Evidence Act (PACE) and if he does not the defence may object and refuse to submit to the interview.

The earlier specialist Legal advice is obtained the better:

• Is it necessary to submit to interview?
• Do employees have to agree to be interviewed?
• Should I make no comment, prepare a statement, answer questions?

Specialist advice on these points at an early stage can often affect the outcome of an Investigation.  This could result in no charge at all, or a lesser charge.

The Defence Process

If charges are brought the Defence Solicitor will investigate the Defence case and obtain from the Prosecutor all the information that they must disclose.  The Solicitor will advise as to the plea of Guilty or Not Guilty.

If the plea is Not Guilty he/she will research the law, advise as to the evidence and arrange for witness statements to be obtained.

A Defence Solicitor may sometimes enter into a dialogue with the Prosecutor on points of law, which might result in lesser charges being brought or the case being dropped.

Finally the Solicitor will prepare for the trial and either act as advocate at court or brief a barrister to do so.  If the case is lost advice would be given on the prospects of success for an appeal to a higher court.