Road Traffic Offenders Act 1988

25 Information as to date of birth and sex. E+W+S

(1) If on convicting a person of an offence involving obligatory or discretionary disqualification or of such other offence as may be prescribed by regulations under section 105 of the M1 Road Traffic Act 1988 the court does not know his date of birth, the court must order him to give that date to the court in writing.

(2) If a court convicting a person of such an offence in a case where—

(a) notification has been given [F1 to [F2 the designated officer for a magistrates' court] in pursuance of section 12(4)] of the M2 Magistrates’ Courts Act 1980 (written pleas of guilty), or written intimation of a plea of guilty has been given in pursuance of section 334(3) of the M3 Criminal Procedure (Scotland) Act 1975, and

(b) the notification or intimation did not include a statement of the person’s sex,

does not know the person’s sex, the court must order the person to give that information to the court in writing.

(3) A person who knowingly fails to comply with an order under subsection (1) or (2) above is guilty of an offence.

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where a person has given his date of birth in accordance with this section or section 8 of this Act, the Secretary of State may serve on that person a notice in writing requiring him to provide the Secretary of State—

(a) with such evidence in that person’s possession or obtainable by him as the Secretary of State may specify for the purpose of verifying that date, and

(b) if his name differs from his name at the time of his birth, with a statement in writing specifying his name at that time.

(6) A person who knowingly fails to comply with a notice under subsection (5) above is guilty of an offence.

(7) A notice to be served on any person under subsection (5) above may be served on him

[F4 (a) if the conviction was in England and Wales, in accordance with Criminal Procedure Rules, or

(b) if the conviction was elsewhere,] by delivering it to him or by leaving it at his proper address or by sending it to him by post; and for the purposes of [F5 this paragraph] and section 7 of the M4 Interpretation Act 1978 in its application to [F5 this paragraph] the proper address of any person shall be his latest address as known to the person serving the notice.

Textual Amendments

F1 Words in s. 25(2)(a) substituted (1.4.2001) for words “to the clerk of a court in pursuance of section 12(2)" by virtue of 1999 c. 22, s. 90(1), Sch. 13 para. 142 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F2 Words in s. 25(2)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 311; S.I. 2005/910, art. 3(y)

F3 S. 25(4) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F4 Words in s. 25(7) inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(3), Sch. 1 para. 11(5)(a)

F5 Words in s. 25(7) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(3), Sch. 1 para. 11(5)(b)

Modifications etc. (not altering text)

C1 S. 25: 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.).

Marginal Citations

M1 1988 c. 52.

M2 1980 c. 43.

M3 1975 c. 21.

M4 1978 c. 30.