C3C5Part III C4 Fixed Penalties

Annotations:
Modifications etc. (not altering text)
C3

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)

C4

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 F12etc..

1

This section applies where F1in England and Wales on any occasion a constable in uniform F14, or a vehicle examiner who produces his authority, has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence.

2

Subject to F28the following provisions of this section , the constable F15or vehicle examiner may give him a fixed penalty notice in respect of the offence.

3

Where the offence appears to the constable F16or vehicle examiner to involve obligatory endorsement F29, and the person is the holder of a licence,, the constable F16or vehicle examiner may only give him a fixed penalty notice under subsection (2) above in respect of the offence if—

a

he produces his licence F2and its counterpart for inspection by the constable F16or vehicle examiner,

b

the constable F16or vehicle examiner is satisfied, on inspecting the licence F2and its counterpart, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence, and

c

he surrenders his licence F2and its counterpart to the constable F16or vehicle examiner to be retained and dealt with in accordance with this Part of this Act.

4

Where—

a

the offence appears to the constable F17or vehicle examiner to involve obligatory endorsement,

F30aa

the person concerned is the holder of a licence, and

b

F31he does not produce his licence F3and its counterpart for inspection by the constable F17or vehicle examiner,

the constable F17or vehicle examiner may give him a notice stating that if F18he delivers the notice together with his licence F4and its counterpart in F19accordance with subsection (4A) below and the requirements of subsection (5)(a) and (b) below are met he will then be given a fixed penalty notice in respect of the offence.

F134A

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.

5

If a person to whom a notice has been given under subsection (4) above F20delivers the notice together with his licence F5and its counterpart in F21accordance with subsection (4A) above and the following requirements are met, that is—

a

the F22person to whom the notice under subsection (4) above is delivered is satisfied, on inspecting the licence F6and its counterpart, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of the offence, and

b

F24... his licence F7and its counterpartF23are delivered to be retained and dealt with in accordance with this Part of this Act,

the F22person to whom the notice under subsection (4) above is delivered must give him a fixed penalty notice in respect of the offence to which the notice under subsection (4) above relates.

F275A

Where the offence appears to the constable or vehicle examiner to involve obligatory endorsement, and the person is not the holder of a licence, the constable or vehicle examiner may only give him a fixed penalty notice under subsection (2) above in respect of the offence if 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.

5B

Subsection (5C) below applies where—

a

the offence appears to the constable or vehicle examiner to involve obligatory endorsement,

b

the person concerned is not the holder of a licence, and

c

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.

5C

Where this subsection applies, the constable or vehicle examiner may give the person a notice stating that if—

a

he delivers the notice in accordance with subsection (5D) below, and

b

the person to whom it 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,

he will then be given a fixed penalty notice in respect of the offence.

5D

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.

5E

If a person to whom a notice has been given under subsection (5C) above delivers the notice in accordance with subsection (5D) above, and the person to whom it 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, that person must give him a fixed penalty notice in respect of the offence to which the notice under subsection (5C) relates.

6

A notice under subsection (4) F32or (5C) 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

A licence F8and a counterpart of a licence surrendered F25or delivered in accordance with this section must be sent to the fixed penalty clerk F26if the fixed penalty notice was given by a constable or authorised person.

F98

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F10or a person authorised for those purposes by or on behalf of the chief constable of the British Transport Police.

F1110

In determining for the purposes of F33this 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.