Road Traffic Offenders Act 1988, section 12

Proof, in summary proceedings, of identity of driver of vehicle

Part I Trial

(1)Where on the summary trial in England and Wales of an information for an offence to which this subsection applies—

(a)M9it is proved to the satisfaction of the court, on oath or in manner prescribed by [F31Criminal Procedure RulesF31] , that a requirement under section 172(2) of the Road Traffic Act 1988 to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused [F32in accordance with Criminal Procedure RulesF32] , and

(b)a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,

the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.

(2)Schedule 1 to this Act shows the offences to which subsection (1) above applies.

(3)M10Where on the summary trial in England and Wales of an information for an offence to which section 112 of the Road Traffic Regulation Act 1984 applies—

(a)it is proved to the satisfaction of the court, on oath or in manner prescribed by [F33Criminal Procedure RulesF33] , that a requirement under section 112(2) of the Road Traffic Regulation Act 1984 to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused [F34in accordance with Criminal Procedure RulesF34] , and

(b)a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,

the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.

F35 ( 4 )In summary proceedings in Scotland for an offence to which section 20(2) of the [F36 this ActF36] applies, where—

(a)it is proved to the satisfaction of the court that a requirement under section 172(2) of the Road Traffic Act 1988 to give information as to the identity of a driver on a particular occasion to which the complaint relates has been served on the accused by post, and

(b)a statement in writing is produced to the court, purporting to be signed by the accused, that the accused was the driver of that vehicle on that occasion,

that statement shall be sufficient evidence that the accused was the driver of the vehicle on that occasion.

Cases considering section 12 6

Hatton, R (on the application of) v Devon & Cornwall Constabulary

[2008] EWHC 209 (Admin) · 4 February 2008

The court applied section 12 as permitting a written statement identifying the accused as the driver to be accepted as evidence on a speeding information. The provision was described as clear and as compatible with the Human Rights Act and Strasbourg jurisprudence (see paras [4]-[6]).

Francis v Director Of Public Prosecutions

[2004] EWHC 591 (Admin) · 23 March 2004Interprets

Uses the provision to confirm that Parliament contemplated a written statement purporting to be signed by the accused as evidence of driver identity. This supports requiring a signature in a section 172 response. (see paras [7]; [17]) Confirms the evidential precondition that service of a section 172(2) requirement must be proved before the court may use the written driver-identification statement. (see para [7]) Confirms that the evidential statement must purport to be signed by the accused. The court used this requirement as part of the statutory context supporting a signed section 172 response. (see paras [7]; [14]; [17])

Mawdesley & Anor v Chief Constable of Cheshire Constabulary & Anor

[2003] EWHC 1586 (Admin) · 31 July 2003Interprets

Confirms that proof of service of the section 172 requirement is the first condition for the statutory evidential shortcut. (see paras [6], [17], [26]-[27]) Interprets the requirement for a statement purporting to be signed. A handwritten name placed on the form while the signature space remains blank does not satisfy the provision. (see paras [25]-[27])

What each judgment says about section 12 is in the case-law panel in the full Act.

Amendments and notes

10 notes from legislation.gov.uk

Amendments

  1. F31Words in s. 12(1)(a) substituted (1.9.2004) by Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 2(1), Sch. para. 30 (with art. 2(2))
  2. F32Words in s. 12(1)(a) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(3), Sch. 1 para. 11(3)
  3. F33Words in s. 12(3)(a) substituted (1.9.2004) by Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 2(1), Sch. para. 30 (with art. 2(2))
  4. F34Words in s. 12(3)(a) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(3), Sch. 1 para. 11(3)
  5. F35S. 12(4) added (1.4.1993 only for the purposes of summary criminal proceedings in Scotland which are commenced on or after 1.4.1993) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para.85; S.I. 1993/975, art. 2 Sch.
  6. F36Words in s. 12(4) (as proposed to be inserted by 1991 c. 40, Sch. 4 para. 85) substituted (S.) (29.3.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 5 (with s. 47(2), Sch. 6 paras. 1, 2)

Modifications

  1. C26S. 12 extended by Greater London Council (General Powers) Act 1974 (c. xxiv, SIF 107:1, s. 15(2)(b) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 12(a))
  2. C27S. 12(1) applied (31.3.2009) by Road Safety (Immobilisation, Removal and Disposal of Vehicles) Regulations 2009 (S.I. 2009/493), regs. 1, 19(d) (with reg. 3)

Marginal citations

  1. M91988 c. 52.
  2. M101984 c. 27.