QUEEN'S BENCH DIVISION
B e f o r e :
(sitting as a Deputy High Court Judge)
|DIRECTOR OF PUBLIC PROSECUTIONS||Appellant|
|- v -|
of Smith Bernal Reporting Limited
190 Fleet Street London EC4A 2AG
Tel: 020 7404 1400
Official Shorthand Writers to the Court)
THE RESPONDENT did not appear and was not represented
Crown Copyright ©
"Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies- [and it was common ground that the offence observed was such an offence]
(a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, ..."
(i) that he was the registered keeper of the vehicle; and.
(ii) that he was the driver of the vehicle on the relevant occasion,
to an employee of the constabulary in the course of a telephone conversation outside the 28-day period was sufficient to meet the requirements of section 172 of the Road Traffic Act 1998; and (2) whether they were correct to allow the appeal in those circumstances.
"A requirement under subsection (2) may be made by written notice served by post; and where it is so made-
(a) it shall have effect as a requirement to give the information within the period of 28 days beginning with the day on which the notice is served, ..."
"Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies-
(a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give- ..."
and subsection (4):
"... a person who fails to comply with the requirements of subsection (2)(a) above shall be guilty of an offence ..."
"In my view, as the section is silent as to what information can be included in the requirement, whether the requirement be oral or in writing, what Parliament intends is that there should be a power in the requesting authority -- whether it be the police or the local authority -- to include in the requirement reasonable instructions as to the manner in which the information requested is to be provided. There could therefore, and indeed in my view should, be included in the request the information as to whom it is to be provided, where it is to be provided, when it is to be provided and by what means it is to be provided.
As long as the request is a reasonable request, then it is a lawful one."
"... it must be implicit in section 112 that the local authority, or the chief officer of police as the case may be, can require information as to the identity of the driver to be given within a reasonable time and by reasonable means."
"Where on the summary trial in England and Wales of an information for an offence to which this subsection applies-
(a) it is proved to the satisfaction of the court, on oath or in manner prescribed by rules made under section 144 of the Magistrates' Court Act 1980, 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 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,
the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion."