Does anyone know anything about section 59 my main concern is that this law appears to be unjust, open to abuse by members of the public and the police, with an inability to challenge or defend it.
The alledged case I have read about that concerns me the most was reported by an elderly gentleman who thought he had seen a boy racer so reported them. About an hour later a policeman found the driver and issued a section 59 and told the car driver he had been driving in a manor that a member of the public saw as dangerous.
The defendant asked the policeman if the elderly gentleman had said he was wheel spinning off the line and the policeman said in a matter of fact he did. So the defendant asked him how could he wheel spin a four wheel drive.
In this particular case it was not the police officer who had the belief an offence had been committed it was a member of the public who believed it, and surely that is the salient point.
I also understand the police have issued a section 59 against cars that have small number plates etc.
The response I got from my email to the Cheshire police on the subject, was that in his experience the police officer would need further evidence. However it seems you have no way to challenge this in a court of law as you would for example a speeding case. I find the fact that the police appear to be judge jury and executioner on a section 59 deeply disturbing.
If the worse came to the worse I would have :-
1. Recourse to civil law
2. Use of the force complaints procedures - organisational complaint
These are not much use if your GT40 has been seized and crushed and taking out a civil case would be expensive and stressful.
The alledged case I have read about that concerns me the most was reported by an elderly gentleman who thought he had seen a boy racer so reported them. About an hour later a policeman found the driver and issued a section 59 and told the car driver he had been driving in a manor that a member of the public saw as dangerous.
The defendant asked the policeman if the elderly gentleman had said he was wheel spinning off the line and the policeman said in a matter of fact he did. So the defendant asked him how could he wheel spin a four wheel drive.
In this particular case it was not the police officer who had the belief an offence had been committed it was a member of the public who believed it, and surely that is the salient point.
I also understand the police have issued a section 59 against cars that have small number plates etc.
The response I got from my email to the Cheshire police on the subject, was that in his experience the police officer would need further evidence. However it seems you have no way to challenge this in a court of law as you would for example a speeding case. I find the fact that the police appear to be judge jury and executioner on a section 59 deeply disturbing.
If the worse came to the worse I would have :-
1. Recourse to civil law
2. Use of the force complaints procedures - organisational complaint
These are not much use if your GT40 has been seized and crushed and taking out a civil case would be expensive and stressful.
