(1)This section applies where in any proceedings in England and Wales or Northern Ireland for an offence under section 29 [F1, 34 or 43A]—
(a)it is appropriately proved that there has been served on the accused by post a requirement under section 46(1) or (2) to give information as to the identity of—
(i)the driver of, or a person who used, a particular vehicle, or
(ii)the person who kept a particular vehicle on a road,
on the particular occasion on which the offence is alleged to have been committed, and
(b)a statement in writing is produced to the court purporting to be signed by the accused that he was—
(i)the driver of, or a person who used, that vehicle, or
(ii)the person who kept that vehicle on a road,
on that occasion.
(2)Where this section applies, the court may accept the statement as evidence that the accused was—
(a)the driver of, or a person who used, that vehicle, or
(b)the person who kept that vehicle on a road,
on that occasion.
(3)In subsection (1) “appropriately proved” means proved to the satisfaction of the court—
(a)on oath, or
(b)in the manner prescribed—
(i)in England and Wales, by rules under section 144 of the M1Magistrates’ Courts Act 1980, or
(ii)in Northern Ireland, by magistrates’ courts rules, as defined by Article 2(3) of the M2Magistrates’ Courts (Northern Ireland) Order 1981.
Textual Amendments
F1Words in s. 51(1) substituted (1.4.1998) by 1997 c. 16, s. 18, Sch. 3 para. 7(2); S.I. 1998/560, art. 2
Marginal Citations