Part I Trial

Trial

C119 Evidence of disqualification in Scotland.

F1(1)In any proceedings in Scotland for an offence under section 103(1)(b) of the Road Traffic Act 1988 (driving while disqualified) a conviction or extract conviction—

a

of which a copy has been served on the accused not less than fourteen days before his trial,

b

which purports to be signed by the clerk of court, and

c

which shows that the person named in it is disqualified for holding or obtaining a licence,

shall be sufficient evidence of the application of that disqualification to the accused, unless not F2more than seven days after the date of service of the copy he serves notice on the prosecutor that he denies that it applies to him.

F32

A copy of a conviction or extract conviction served on the accused under subsection (1) above shall be served in such manner as may be prescribed by Act of Adjournal, and a written execution purporting to be signed by the person who served such copy conviction or extract conviction together with, where appropriate, the relevant post office receipt shall be sufficient evidence of service of such a copy.