Also, just a couple of other quick issues I just remembered that will be useful to any of you considering taking these sorts of steps -
A machine however the witness will be the priovate contractor that installs the camera instruct the magistrates to please tell the witness to answer yes or no questions. here are a few you can ask
Is there any way you can prove i was the driver at the time of the alledged offence. - no
Is there anyway you can prove that at the time of the alledged offence i was the driver of the vehicle in question - no
Is there anyway you can prove that at the time of the alleged offence that the equipment was working 100% can you verify this - no
Is there any way the photo could have been tampered, corrupted with as going from a digital MD5 algorithm to a photo - no
Actually, here is a list of questions I have sourced (and removed sensitive info from) that apply directly to the calibration issue of speed cameras
In regards to the statement of claim issued by the state in that matter of --------, we ask that ------- provides proper certification under section 83, of the Road Safety Act 1986, that the speed detection device involved in the alleged offence, was in fact tested in accordance with the National Measurement Act 1960.
Specifically, we request that the following information is provided prior to the scheduled hearing date in regards to this matter :
1. Make, Model and Serial Number of the speed measurement device.
2. Certified verification that this device was accredited by a National Measurement Institute; and
3. Verification that this device has been Calibrated under section 10 of the National Measurement Act 1960.
If the prosecution hold up any photocopied documents a photocopy is not legally admissible in court.
Sorry buddy but this one is a little dated.
As a direct and indirect result of the precedence passed into law post the matter of R v Minors [1989] 2 All ER 208, many aspects of The Evidence Act 1995 (Cth) and The Uniform Evidence Act, including Uniform Civil Procedures as adopted by the Commonwealth and other states have been changed to accommodate electronic based evidence.
Specifically, S.51 of the Evidence Act abolishes the principles and rules of the common law that relate to the means of proving the contents of documents. Therefore original documents are no longer required. A copy of a document is as good as an original document.
That is a very simplified overview and there are set rules that must be met before this provision is up held, but the key point I'm trying to make is that it isn't simply as black and white as "Its not admissable"