Issue date: 27 Jan-2 Feb Correspondent: Christopher Over Occupation: Transport Lawyer Subject: Who should decide when to prosecute road hauliers?
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(he 'normal' lawbreaker has only the police to fear where the bringing of
prosecutions is concerned. No charge brought by the police will go through the courts without having first been screened by the CPS. The haulage industry is one of the few that faces prosecution also by Trading Standards, the VI and the Waste Regulation Authority. Very rarely, if at all will the bringing of that prosecution be subject to scrutiny by anyone other than a bureaucrat." That's wrong, says Over. He wants charges brought before a Magistrates Court to be screened by a solicitor beforehand. Then greater discretion could be applied on prosecutions, especially when a case involves haulier and driver. It is particularly wrong in haulage cases where so many offences are absolute and the haulier has no alternative but to plead guilty as long as the facts are made out."