PPRuNe Forums - View Single Post - CAA Civil Penalties Proposal and Consultation
Old 7th Sep 2015, 10:18
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sharpend
 
Join Date: Feb 2001
Location: Lechlade, Glos.UK
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Quote: 'When a case is contested, the whole process is massively weighted in the CAA's favour, in that they can pursue the case with practically unlimited funds, supply the most 'credible' expert witnesses from their own staff, and when they inevitably win, advise the hapless Magistrates of a suitable penalty.

Then, on top of that, have the Magistrates present the looser with a whacking bill to cover the entire absurd cost of the prosecution.

Hardly any point in the Magistrates being there at all.'


I fly regularly and own my own aeroplane. As a magistrate, I always view court costs very carefully. I have the ability to reduce or waive them completely if I have good reason to. Certainly, costs asked for by non CPS agencies are often astronomic, partly due to their inefficiency in their investigations that can take months or even years.

Electing to go to court can be very costly and thus often defendants choose to pay up front rather than risk losing a trial. However, if they win, they can ask for costs themselves and I often award them if I think it justified. However, I do advise defendants to pay the fixed cost rather than waste court time and, more importantly, their own finances, if they are guilty!
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