Lesson 6 - warning on intended prosecution Flashcards
Intro
S1 Road Traffic Offenders Act 1988 states that when you are dealing with certain road offences you are required to give notice to the offender that they may be prosecuted. This acts as an early warning to the offender that at some time in the future they may be prosecuted.
When is no warning required?
if at the time of the offence or immediately after it, a road traffic collision occurs, caused by that the vehicle which committed the offence.
What are methods of giving a warning
They must be warned if they have committed one of the offences
At the time of the offence- verbally at this time
what do you say when warning someone ?
Should be short and to the point.
A common law caution should follow and the fact that both have been given and any replies should be noted in your notebook.
If you have to give this warning without corroboration, the PF may wish to replicate the warning by way of a written “Notice of intended prosecution”
Why can you not give a verbal warning at the time and do it within 14 days.
Not always possible to give a warning at the time.
PF can send a written “Notice of intended prosecution” to the offender or the registered keeper of the vehicle within 14 days.
Normally done by the police submitting a pro-forma memorandum to the PF.
What is a “copy complaint served on the accused?
Usually a unsatisfactory method because of the time constraint involved. PF would have to receive a written police report, prepare the copy complaint and have it served to the accused within 14 days.
Normally used when a person is kept in custody to appear in court, or released on an undertaking to appear.
What happens when there is a failure to give a warning or delivery notice?
Many occasions where the accused cannot be traced within 14 days
in such cases prosecution must prove that failure to comply with the section was due to one of the following:-
- All enquiries to trace the accused within 14 days failed
- The accused contributed to this failure e.g. giving a false name and address.
When do you give a warning?
Road traffic act 1988 Section 2 Dangerous driving Section 3 Careless driving Section 22 Dangerous parking Section 28 Dangerous cycling Section 29 Careless cycling Section 35 Failing to comply with traffic directions Section 36 Failing to comply with traffic signs
Road traffic regulations act 1984
Section 16 Ignoring temporary traffic prohibitions
Section 17(4) speeding on motorways
Section 88(7) Driving below minimum speed limits
Section 89 General speeding
