Methods of Disposal for Motoring Offences Flashcards
Methods of disposal for motoring offences include…
- A verbal warning
- Reporting a suspect for the purposes of issuing a written charge
- A TOR (Traffic Offence Report)
- An FPN (Fixed Penalty Notice)
- Arrest and Charge
Officers should follow what steps when carrying out the investigative process for dealing with motoring offences?
- Offence committed.
- Stop vehicle.
- Ask questions.
- Point out the offence, use the ‘when questioned’ caution and remind the subject that he/she is not under arrest.
- Ascertain driver’s personal details.
- Request personal driving details.
- Request driving documents
- Record details in PNB.
- Case disposal decision.
- Take action.
Drivers of vehicles that are found to be in unsuitable conditions due to minor defects can be given the opportunity to use what scheme?
The Vehicle Defect Rectification Scheme.
This avoids the need to prosecute or issue an FPN.
After receiving the VDRS the driver must have the vehicle repaired within 14 days and submit if for examination at an MOT testing station.
The advantages of the VDRS include what?
The defects are rectified, which contributes to road safety.
The offender does not go to court, and
Improved police and public relations.
What are the two main types of motoring offence for which a fixed penalty system can be issued;
- Non-endorsable offences – are issued for offences such as driving without an MOT or failing to wear a seatbelt. These offences carry fines between £30 and £100 with no penalty points endorsed on your driving licence.
- Endorsable offences – are issued for offences such as speeding, using a mobile phone whilst driving or driving with no insurance.
These offences carry fines between £100 and £300 and can result in between three and six penalty points being added to your driving licence. Some endorsable offences allow the opportunity to attend an educational course instead of paying a fine.
Issuing a non-endorsable fixed penalty notice
When a police officer in uniform has reasonable grounds to believe a person is committing/ has committed a fixed penalty offence, and FPN can be issued.
If the driver is present the police officer should:
- Point out the offence.
- Caution the driver using the ‘when questioned’ caution and remind the subject that he/she is not under arrest.
- Question the driver and allow them to ask questions.
- Inform them that failing to provide name and address makes them liable to arrest (Pace Code C).
- Check that the driver wants to proceed with an FPN.
- Complete and issue the NEFPN.
- Report the driver or owner for the offence.
- use the ‘now’ caution
For some offences the penalty includes obligatory endorsement. An EFPN can be used if:
- The drivers file on the PNC can be checked to vie the endorsement history.
- The total number of points including the new proposed points does not exceed 11; and
- The driver accepts an EFPN.
If the total new points goes over 12 the driver will be reported for prosecution.
When is a conditional offer of fixed penalty sent to an alleged offender?
If the FPN cannot be handed to a driver or attached to a vehicle (s 75 of the Road Traffic Offenders Act 1988).
It will state the circumstances of the alleged offence, the relevant fixed penalty and explain that no further proceedings will take place in relation to the offence for 28 days from the date of issue.
If the payment is made within that period there will be no court proceedings.
If a driver has been issued with an FPN or a conditional offer but is unable to provide a satisfactory UK address at the time of an offence, what can be requested by a police officer?
A financial penalty deposit.
Officer can prohibit the use of the vehicle (e.g clamp it or use a wire rope lock through steering wheel) until deposit is paid.
Once paid, driver can choose whether to allow the deposit to be used as payment of the penalty, or request a court hearing- if found not guilty deposit is paid back.
The rights of an individual suspected of committing certain road traffic offences are safeguarded where?
What means should an individual be notified of his/her suspected involvement in an offence?
Road Traffic Offenders Act 1988
At the earliest opportunity by means of a Notice of Intended Prosecution (NIP).
A person cannot be prosecuted for an offences in s 1(1) unless he/she has been either:
- Warned at the time of the offence of the possibility of prosecution.
- Served with a written charge within 14 days of commission of the offence s 1(1)(b).
- Served with a NIP within 14 days of commission of the offence, setting out the possibility of prosecution.
When is a Notice of Intended Prosecution (NIP) not required?
When the vehicle concerned has been involved in an accident (s 2(1)) unless they have failed to stop, nor is it required if an FPN was issued at the time the offence was committed (s 2(2)).
The final methods of disposal after an Notice of Intended Prosecution (NIP) has been served?
Include a written charge or conditional offer of a fixed penalty.
What is the National Driver Offender Retraining Scheme?
A scheme run in parts of the United Kingdom whereby certain drivers found committing a driving offence can be offered a training course as an alternative to prosecution.
E.g the National Speed Awareness Course (s 89(1) of the Road Traffic Regulations Act 1984).
If a person has already been on a course for the same offence, it must be more than 3 years ago.
