Candlish, James
James Candlish was convicted in October 2014 of failure to identify the driver of a motor vehicle. Mr Candlish received six penalty points on his licence and was fined £600 plus a victim surcharge of £60 and prosecution costs of £85.
The CCRC received an application for review of the conviction in January 2015.
The case concerned a motor vehicle, registered to Mr Candlish, which had been recorded as speeding by a laser speed measuring device.
A Notice of Intended Prosecution (NIP) form was sent to Mr Candlish. He was later prosecuted for speeding and for failing to notify in response to the NIP when required to do so.
During review, the CCRC obtained new evidence indicating that Mr Candlish did in fact provide the required information to the police within 28 days of the NIP being posted to him.
Alternatively, were the Crown Court to consider that Mr Candlish did not return the NIP form in accordance with the notification requirements, the CCRC considered that he nevertheless had a defence available to him under section 172 of the Road Traffic Act 1988.
Accordingly, the CCRC concluded that there was a real possibility that on a rehearing of the evidence, the Crown Court would not uphold Mr Candlish’s conviction.
The CCRC referred the conviction in December 2015.
The Crown Court quashed the conviction in February 2016.