Criminal Justice (Scotland) Act 1987

3 In section 101 (endorsement of licences) for subsection (8) there shall be substituted the following subsections—

“(8) Notwithstanding sections 311(5) and 357(1) of the Criminal Procedure (Scotland) Act 1975 (requirements as to notices of penalty and previous convictions), where a person is convicted in Scotland of an offence involving obligatory endorsement—

(a) where his licence is produced to the court, subsection (4A) above shall apply;

(b) where no such licence is produced, subject to subsection (8B) below, subsection (8A) below shall apply.

(8A) Where this subsection applies, it shall be competent for the court in determining what order to make in pursuance of such conviction as is mentioned in subsection (8) above to take into consideration particulars of—

(a) any previous conviction or disqualification pertaining to the person; and

(b) any penalty points ordered to be endorsed on any licence held by the person which have to be taken into account under section 19(3) of the Transport Act 1981,

specified in a document purporting to be a note of information contained in the driver licensing records maintained by the Secretary of State in connection with his functions under this Part of this Act.

(8B) Where the prosecutor decides to put before the court a document such as is mentioned in subsection (8A) above—

(a) if a plea of guilty is tendered, or if, after a plea of not guilty, the accused is convicted the prosecutor shall lay the document before the court and the court or the clerk of court shall ask the accused if he admits the accuracy of the particulars relating to him contained in the document and if such admission is made it shall be entered in the record of the proceedings;

(b) it shall not be necessary for the prosecutor to produce evidence of the particulars so admitted; and

(c) where the accused does not admit the accuracy of any such particular, the prosecutor unless he withdraws the particular shall adduce evidence in proof thereof either then or at any other diet.”.