Road Traffic Offenders Act 1988, section 20

Speeding offences etc : admissibility of certain evidence

Part I Trial

(1)Evidence (which in Scotland shall be sufficient evidence) of a fact relevant to proceedings for an offence to which this section applies may be given by the production of—

(a)a record produced by a prescribed device, and

(b)(in the same or another document) a certificate as to the circumstances in which the record was produced signed by a constable or by a person authorised by or on behalf of the chief officer of police for the police area in which the offence is alleged to have been committed;

but subject to the following provisions of this section.

(2)This section applies to—

(a)an offence under section 16 of the Road Traffic Regulation Act 1984 consisting in the contravention of a restriction on the speed of vehicles imposed under section 14 of that Act;

(b)an offence under subsection (4) of section 17 of that Act consisting in the contravention of a restriction on the speed of vehicles imposed under that section;

[F72 (ba)an offence under subsection (4) of section 17 of that Act consisting in a contravention of regulation 9 of the Motorways Traffic (England and Wales) Regulations 1982 (restriction on the use of hard shoulders) by the driving of a vehicle on the hard shoulder of a motorway;F72]

[F73 (bb)an offence under subsection (4) of section 17 of that Act consisting in a contravention of article [F74 2(1) or 3(2)F74] of the Heavy Commercial Vehicles in Kent (No. 3) Order 2019 (prohibited use of the [F75 M20 and M2 MotorwaysF75] in Kent by the driver of a heavy commercial vehicle);

(bc)an offence under subsection (5) of section 20 of that Act consisting in a contravention of article F76... 3(1) or 4(1) of the Heavy Commercial Vehicles in Kent (No. 2) Order 2019 (prohibited use of local roads in Kent by the driver of a heavy commercial vehicle);F73]

(c)an offence under section 88(7) of that Act (temporary minimum speed limits);

(d)an offence under section 89(1) of that Act (speeding offences generally);

(e)an offence under section 36(1) of the Road Traffic Act 1988 consisting in the failure to comply with an indication given by a light signal that vehicular traffic is not to proceed.

[F77 (ea)an offence under section 36(1) of that Act consisting in the failure to comply with an indication given by a light signal to vehicular traffic not to enter, or proceed in, a traffic lane;F77]

[F78 (f)an offence under Part I or II of the Road Traffic Regulation Act 1984 of contravening or failing to comply with an order or regulations made under either of those Parts relating to the use of an area of road which is described as a bus lane or a route for use by buses only.F78]

[F79 (g)an offence under section 29(1) of the Vehicle Excise and Registration Act 1994 F80 (using or keeping an unlicensed vehicle on a public road).F79]

[F81 (h)an offence under section 11(1) of the HGV Road User Levy Act 2013 (using or keeping heavy goods vehicle if levy not paid).F81]

[F82 (i)an offence under article 2(6)(b) of the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 (contravention of a direction given by a traffic officer).F82]

(3)The Secretary of State may by order amend subsection (2) above by making additions to or deletions from the list of offences for the time being set out there; and an order under this subsection may make such transitional provision as appears to him to be necessary or expedient.

(4)A record produced or measurement made by a prescribed device shall not be admissible as evidence of a fact relevant to proceedings for an offence to which this section applies unless—

(a)the device is of a type approved by the Secretary of State, and

(b)any conditions subject to which the approval was given are satisfied.

(5)Any approval given by the Secretary of State for the purposes of this section may be given subject to conditions as to the purposes for which, and the manner and other circumstances in which, any device of the type concerned is to be used.

(6)In proceedings for an offence to which this section applies, evidence (which in Scotland shall be sufficient evidence)—

(a)of a measurement made by a device, or of the circumstances in which it was made, or

(b)that a device was of a type approved for the purposes of this section, or that any conditions subject to which an approval was given were satisfied,

may be given by the production of a document which is signed as mentioned in subsection (1) above and which, as the case may be, gives particulars of the measurement or of the circumstances in which it was made, or states that the device was of such a type or that, to the best of the knowledge and belief of the person making the statement, all such conditions were satisfied.

(7)For the purposes of this section a document purporting to be a record of the kind mentioned in subsection (1) above, or to be a certificate or other document signed as mentioned in that subsection or in subsection (6) above, shall be deemed to be such a record, or to be so signed, unless the contrary is proved.

(8)Nothing in subsection (1) or (6) above makes a document admissible as evidence in proceedings for an offence unless a copy of it has, not less than seven days before the hearing or trial, been served on the person charged with the offence; and nothing in those subsections makes a document admissible as evidence of anything other than the matters shown on a record produced by a prescribed device if that person, not less than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves a notice on the prosecutor requiring attendance at the hearing or trial of the person who signed the document.

F83 (8A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F84 (8A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In this section “prescribed device” means device of a description specified in an order made by the Secretary of State.

(10)The powers to make orders under subsections (3) and (9) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.F71]

Definitions used in section 20 2

drive

“drive” has the same meaning as in the Road Traffic Act 1988 ,

Defined in s.98(1) · see it in the full Act
road

“road”—

Defined in s.98(1) · see it in the full Act

Cases considering section 20 14

Public Prosecution Service v McKee (Northern Ireland)

[2013] UKSC 32 · 22 May 2013Limits

The provision illustrated that Parliament can expressly condition the admissibility of device-generated evidence upon use of an approved device. Its express exclusionary wording contrasted with article 61(8B). (see para [8]) The subsection permitted proof of relevant facts through records produced by prescribed devices. (see para [8]) The subsection expressly excluded a record or measurement unless the device type was approved and the conditions of approval were satisfied. This contrasted with the absence of equivalent language in article 61(8B). (see para [8]) The paragraph required the prescribed device to be of a type approved by the Secretary of State before its record or measurement could be admitted. (see para [8]) The paragraph required compliance with conditions attached to device approval before the record or measurement could be admitted. (see para [8])

Director of Public Prosecutions, R (on the application of) v Crown Court at Caernarfon & Anor

[2019] EWHC 767 (Admin) · 27 March 2019Defines

The section supplies the statutory framework for admitting records and certificates relating to prescribed devices in speeding proceedings. (see paras [5]-[6]) The court treated the device’s recording as the record admissible to prove a fact relevant to the speeding proceedings. (see paras [5]-[6], [17]) The court identified the certificate signed by an authorised officer as the certificate permitted by the statutory admissibility scheme. (see paras [5]-[6]) The court noted that a prescribed-device record or measurement is admissible only if the device is of an approved type and the approval conditions are satisfied. (see paras [5]-[6]) The court recorded the requirement that the prescribed device must be of a type approved by the Secretary of State. (see paras [5]-[6]) The court recorded the requirement that conditions attached to the Secretary of State’s approval must be satisfied. (see paras [5]-[6]) The court noted that approval may be subject to conditions concerning the purposes, manner and circumstances of use of the device. (see para [5]) The court noted that evidence concerning a device, its measurement, approval and compliance with conditions may be given by production of a signed document. (see para [5]) The court recorded that a signed document may give evidence of the measurement or the circumstances in which it was made. (see para [5]) The court recorded that a signed document may establish the approved type of device or compliance with approval conditions. (see para [5]) The court noted the statutory presumption concerning documents purporting to be prescribed-device records or properly signed certificates. (see para [5])

Seroka, R (on the application of) v Redhill Magistrates Court

[2012] EWHC 3827 (Admin) · 31 October 2012Limits

Interprets section 20 as providing a permissive, non-exclusive procedure for admitting records and certificates from prescribed devices. The record may instead be proved through conventional live evidence as real evidence. (see paras [16]-[18]; [27]; [30]-[32]) Applies section 20(1) as enabling a record and certificate to be tendered without calling a witness, while preserving the ordinary method of proving the record by live evidence. (see paras [17]; [27]; [30]) Confirms that the approval requirements in section 20(4) matter where the statutory section 20 procedure is relied upon. They did not determine the admissibility of the primary record proved by live evidence in this case. (see paras [18]; [32]) Interprets the reference to conditions as confined to conditions attached to the Secretary of State’s approval. The separate agreement concerning secondary checks did not itself impose a section 20(5) condition; alternatively, its capability requirement was satisfied in principle. (see paras [18]; [23]-[25]; [32]-[33]) Defines the relevant prescribed device by reference to a device description specified in an order made by the Secretary of State. The judgment recorded that the device was approved and prescribed. (see para [16])

What each judgment says about section 20 is in the case-law panel in the full Act.

Amendments and notes

15 notes from legislation.gov.uk

Amendments

  1. F71S. 20 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 23; S.I. 1992/1286, art. 2, Sch.
  2. F72S. 20(2)(ba) inserted (5.4.2017) by The Road Traffic Offenders (Additional Offences) Order 2017 (S.I. 2017/294), arts. 1, 2(a)
  3. F73S. 20(2)(bb)(bc) inserted (31.10.2019) by The Heavy Commercial Vehicles in Kent (No. 3) Order 2019 (S.I. 2019/1210), arts. 1(1), 4(2)(a)
  4. F74Words in s. 20(2)(bb) substituted (31.10.2021) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) (No. 2) Order 2021 (S.I. 2021/973), art. 3(2)
  5. F75Words in s. 20(2)(bb) substituted (1.12.2020) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 3(a)(ii); S.I. 2020/1386, art. 1(b)
  6. F76Word in s. 20(2)(bc) omitted (31.10.2021) by virtue of The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) (No. 2) Order 2021 (S.I. 2021/973), art. 3(3)
  7. F77S. 20(2)(ea) inserted (5.4.2017) by The Road Traffic Offenders (Additional Offences) Order 2017 (S.I. 2017/294), arts. 1, 2(b)
  8. F78S. 20(2)(f) inserted (18.3.1997) by S.I. 1997/384, art. 2
  9. F79S. 20(2)(g) added (1.6.2001) by S.I. 2001/1814, art. 3
  10. F801994 c. 22; section 29 was amended by Schedule 2 to the Finance Act 1996 (c. 8).
  11. F81S. 20(2)(h) added (1.4.2014) by The Road Traffic Offenders (Additional Offences) Order 2014 (S.I. 2014/260), arts. 1, 2
  12. F82S. 20(2)(i) inserted (31.10.2019) by The Heavy Commercial Vehicles in Kent (No. 3) Order 2019 (S.I. 2019/1210), arts. 1(1), 4(2)(b)
  13. F83S. 20(8A) inserted (E.W.) (8.3.1997) by Criminal Procedure and Investigations Act 1996 (c. 25), s. 47, Sch. 1 Pt. II para. 38, Pt. III para. 39 (with s. 78(1)); S.I. 1997/683, art. 1; repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 61(5), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4) text inserted, repealed for certain specified purposes only, see the commentary.
  14. F84S. 20(8A) inserted (31.3.1996) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 172 and repealed (S.) (1.4.1996) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. I para. 16(3), Sch. 5 (with Sch. 3 paras. 1, 3, 6, 16, 17); S.I. 1996/517, art. 3(2)

Modifications

  1. C33S. 20(4) extended (1.7.1992) by S.I. 1992/1286, art. 4(1)