Road Traffic Offenders Act 1988, section 7

Duty of accused to provide licence

Part I Trial

[F17 (1)Where—

(a)a person who is the holder of a licence is prosecuted for an offence involving obligatory or discretionary disqualification,

(b)there is a hearing, and

(c)the person attends the hearing,

the person must bring the licence to the hearing.F17]

F18 (1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (1C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21 (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 7 2

licence

“licence” means a licence to drive a motor vehicle granted under Part III of that Act . . .,

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

“disqualified” means disqualified for holding or obtaining a licence and “disqualification” is to be construed accordingly,

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

Cases considering section 7 3

Crown Prosecution Service v Chalupa

[2009] EWHC 3082 (Admin) · 30 October 2009

Applies the offence of failing without reasonable cause to provide a specimen when required. The court treated the request for legal advice as incapable, on these facts, of constituting a reasonable excuse for refusal. (see paras [1]-[3]; [27])

Director of Public Prosecutions v Carless

[2005] EWHC 3234 (Admin) · 13 April 2005Limits

The judgment records that the specimens were not initially obtained under the section 7 procedure applicable to an investigation of a driving offence. That procedural departure formed part of the basis for considering admissibility under section 15(2). (see paras [2], [5]-[6])

Watson v Director of Public Prosecutions

[2006] EWHC 3429 (Admin) · 8 November 2006

The appeal did not determine the justices’ interpretation of section 7(7), because the claimant abandoned that contention. The substantive issue decided was instead whether refusal to provide the second specimen had a reasonable excuse. (see paras [3]-[4]; [27])

What each judgment says about section 7 is in the case-law panel in the full Act.

Amendments and notes

9 notes from legislation.gov.uk

Amendments

  1. F17S. 7(1) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 91(2)(a), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
  2. F18S. 7(1A) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 91(2)(b), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
  3. F19S. 7(1B) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 91(2)(b), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
  4. F20S. 7(1C) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 91(2)(b), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
  5. F21S. 7(2) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 91(2)(b), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

Modifications

  1. C18S. 7 applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9)
  2. C19S. 7: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch.).
  3. C20S. 7 extended (1.6.1997) by 1995 c. 13, s. 6, Sch. 1 Pt. II, para. 3(2); S.I. 1997/267, art. 2(2)
  4. C21S. 7 applied (with modifications) (12.11.1999) by S.I. 1999/2864, reg. 80(5)(a)