Join Date: May 2009
Location: UK and Katowice, Poland, plus All Europe
My Motorhome: Niesmann+Bischoff Arto 69GL (2003)
Thanked 498 Times in 441 Posts
First you say:
"I think you are over thinking and complicating"
Then you say:
"The UK and Ireland have been negotiating and trying to sort out cross border recognition and reciprocity of endorsements, penalty points and disqualifications for 20+ years and even with similar systems based on a common source, common law principles and a, mainly, common language, they haven't managed it yet."
I understand that this is just a reporting system but if there is no agreement based on 'recognition and reciprocity' there is no meaning to what is reported, for any offence including drink driving.
For example are roadside fines, based on adjudication by a policeman, to be reported; are sentences imposed by a magistrate in another country to be reported if only a Crown Court in the UK could impose such sentence? I f they are reported should they be taken into consideration by a UK Court? If not what is the point in reporting them?
It seems to me that, because of the incompatibility of all the 28 legal systems operating in the EU, this could end up just being a field day for defence lawyers. OR completely ignored.
For example " Your Honour, are you aware that the offence of which my client was convicted in [State G] is not an criminal offence in the UK?"
"Mr. [Barrister] I am not required to take cognisance of Foreign Law"
"Thank you your Honour"