C4C6Part III C5 Fixed Penalties
Pt. III modified (16.8.2013) by The Fixed Penalty Offences Order 2013 (S.I. 2013/1565), arts. 1, 2
Definition in Pt. III (ss. 51-90) applied (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 18(7)(b), 101(1) (with Sch. 12 para. 6); S.I. 1992/333, art. 2(2), Sch.2
Giving notices to suspected offenders
C1C254 Notices on-the-spot F7etc..
1
2
F273
Where the offence appears to the constable or vehicle examiner to involve obligatory endorsement, the constable or vehicle examiner may only give him a fixed penalty notice under subsection (2) above in respect of the offence if—
a
the constable or vehicle examiner is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence, and
b
in the case of a person who is the holder of a licence, he produces it for inspection by the constable or vehicle examiner and surrenders it to him to be retained and dealt with in accordance with this Part of this Act.
4
Where the offence appears to the constable or vehicle examiner to involve obligatory endorsement, subsection (5) below applies if—
a
the constable or vehicle examiner is unable to satisfy himself, by accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence, or
b
in the case of a person who is the holder of a licence, he does not produce it for inspection by the constable or vehicle examiner.
5
Where this subsection applies, the constable or vehicle examiner may give the person a notice stating that if—
a
he delivers the notice and (if he is the holder of a licence) his licence in accordance with subsection (5A) below, and
b
the requirements of subsection (5B) below are met,
he will then be given a fixed penalty notice in respect of the offence.
5A
Delivery must—
a
if the notice is given by a constable, be made in person, within seven days after the notice is given, to a constable or authorised person at the police station specified in the notice (being a police station chosen by the person concerned), or
b
if the notice is given by a vehicle examiner, be made (either by post or in person), within fourteen days after the notice is given, to the Secretary of State at the place specified in the notice.
5B
If a person to whom a notice has been given under subsection (5) above delivers the notice and (if he is the holder of a licence) his licence in accordance with subsection (5A) above, and the following requirements are met, that is—
a
the person to whom the notice is delivered is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of the offence, and
b
if he is the holder of a licence, it is delivered to be retained and dealt with in accordance with this Part of this Act,
the person to whom the notice is delivered must give him a fixed penalty notice in respect of the offence to which the notice under subsection (5) above relates.
6
A notice under subsection F28(5) above shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence.
7
F28
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
In this Part of this Act “authorised person”, in relation to a fixed penalty notice given at a police station, means a person authorised for the purposes of this section by or on behalf of the chief officer of police for the area in which the police station is situated F3or a person authorised for those purposes by or on behalf of the chief constable of the British Transport Police.
F410
In determining for the purposes of F25this section whether a person convicted of an offence would be liable to disqualification under section 35, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part I of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.
55 Effect of fixed penalty notice given under section 54.
1
This section applies where a fixed penalty notice relating to an offence has been given to any person under section 54 of this Act, and references in this section to the recipient are to the person to whom the notice was given.
2
No proceedings shall be brought against the recipient for the offence to which the fixed penalty notice relates unless before the end of the suspended enforcement period he has given notice requesting a hearing in respect of that offence in the manner specified in the fixed penalty notice.
3
Where—
a
the recipient has not given notice requesting a hearing in respect of the offence to which the fixed penalty notice relates in the manner so specified, and
b
the fixed penalty has not been paid in accordance with this Part of this Act before the end of the suspended enforcement period,
a sum equal to the fixed penalty plus one–half of the amount of that penalty may be registered under section 71 of this Act for enforcement against the recipient as a fine.
56 Licence receipts.
1
2
3
A receipt issued under this section ceases to have effect—
a
if issued F16under subsection (1) above, on the expiration of the period of one month beginning with the date of issue or such longer period as may be prescribed, and
b
if issued F17under subsection (2) above, on such date as he may specify in the receipt,
or, if earlier, on the return of the licence F30... to the licence holder.
F3257 Endorsement of F18counterparts without hearings.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
57AF21Endorsement of driving records without hearings
1
Subject to subsection (2) below, where a person F33... has been given a fixed penalty notice under section 54 of this Act in respect of an offence involving obligatory endorsement, his driving record may be endorsed in accordance with this section without any order of a court.
2
A person's driving record may not be endorsed under this section if at the end of the suspended enforcement period—
a
he has given notice, in the manner specified in the fixed penalty notice, requesting a hearing in respect of the offence to which the fixed penalty notice relates, and
b
the fixed penalty has not been paid in accordance with this Part of this Act.
3
If payment of the fixed penalty is made before the end of the suspended enforcement period and the person to whom the payment is made is the fixed penalty clerk, the fixed penalty clerk must send to the Secretary of State notice of the relevant particulars which are to be endorsed on the person's driving record F34and return to that person any licence surrendered by him under section 54 of this Act.
4
Where any sum determined by reference to the fixed penalty is registered under section 71 of this Act for enforcement against the person as a fine in a case where the fixed penalty is required to be paid to the fixed penalty clerk, the fixed penalty clerk must send to the Secretary of State notice of the relevant particulars which are to be endorsed on the person's driving record F35and return to that person any licence surrendered by him under section 54 of this Act—
a
if he is himself the person who registers the sum, on the registration of that sum, and
b
in any other case, on being notified of the registration by the person who registers that sum.
5
The Secretary of State must endorse the relevant particulars on the person's driving record if—
a
he receives notice of them under subsection (3) or (4) above,
b
the fixed penalty is paid to him before the end of the suspended enforcement period, or
c
in a case where the fixed penalty is required to be paid to the Secretary of State, any sum determined by reference to the fixed penalty is registered under section 71 of this Act for enforcement against the person as a fine.
6
References in this section to the relevant particulars are to—
a
particulars of the offence, including the date when it was committed, and
b
the number of penalty points to be attributed to the offence.
F3658 Effect of endorsement F19of counterpart without hearing.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
58AF22Effect of endorsement of driving record without hearing
1
Where a person's driving record is endorsed under section 57A of this Act he shall be treated for the purposes of sections 13(4), 28, 29 and 45A of this Act and of the Rehabilitation of Offenders Act 1974 as if—
a
he had been convicted of the offence,
b
the endorsement had been made in pursuance of an order made on his conviction by a court under section 44 of this Act, and
c
the particulars of the offence endorsed by virtue of section 57A(6)(a) of this Act were particulars of his conviction of that offence.
2
In relation to any endorsement of a person's driving record under section 57A of this Act, the references in section 13(4) of this Act to any order made on a person's conviction are to be read as references to the endorsement itself.
F659 Notification of court and date of trial in England and Wales.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5C360. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3761 Fixed penalty notice mistakenly given F20to licence holder: exclusion of fixed penalty procedures.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61AF23Fixed penalty notice mistakenly given F26...: exclusion of fixed penalty procedures
1
This section applies where, on accessing information held on the driving record of a person to whom a fixed penalty notice was given under section 54 of this Act, F38... it appears to the fixed penalty clerk or the Secretary of State that the person would be liable to be disqualified under section 35 of this Act if he were convicted of the offence in respect of which the fixed penalty notice was given.
2
The person's driving record must not be endorsed under section 57A of this Act.
3
In a case where the fixed penalty is required to be paid to the fixed penalty clerk he must not send notice to the Secretary of State under section 57A of this Act but instead must notify the chief officer of police that the person to whom the fixed penalty notice was given would be liable to be disqualified under section 35 of this Act if he were convicted of the offence in respect of which the fixed penalty notice was given F39and send the chief officer of police any licence sent to him under section 54(7) of this Act.
4
Nothing in this Part of this Act prevents proceedings being brought in respect of the offence in respect of which the fixed penalty notice was given where those proceedings are commenced before the end of the period of six months beginning with the date on which that notice was given.
5
Where proceedings in respect of that offence are commenced before the end of that period, the case is from then on to be treated in all respects as if no fixed penalty notice had been given in respect of the offence.
6
Accordingly, where proceedings in respect of that offence are so commenced, any action taken in pursuance of this Part of this Act by reference to that fixed penalty notice shall be void (including, but without prejudice to the generality of the preceding provision—
a
the registration under section 71 of this Act of any sum, determined by reference to the fixed penalty for that offence, for enforcement against the person to whom the fixed penalty notice was given, and
b
any proceedings for enforcing payment of any such sum within the meaning of sections 73 and 74 of this Act (defined in section 74(5))).
7
In determining for the purposes of subsection (1) above whether a person convicted of an offence would be liable to disqualification under section 35, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part 1 of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.
Pt. III (ss. 51–90) amended by (E.W.) S.I. 1990/335, art. 2(1) and (S.) S.I. 1990/466, art. 2(1)
Pt. III (ss. 51-90) amended (1.8.1999) by S.I. 1999/1851, art. 2(1)