Office of Public Sector Information
PART III continued
(1) This section and section 71 of this Act apply where by virtue of section 55(3) or 64(2) of this Act a sum determined by reference to the fixed penalty for any offence may be registered under section 71 of this Act for enforcement against any person as a fine.
In this section and section 71 of this Act—
(a) that sum is referred to as a “sum payable in default”, and
(b) the person against whom that sum may be so registered is referred to as the “defaulter”.
(2) Subject to subsection (3) below, the chief officer of police may in respect of any sum payable in default issue a certificate (referred to in this section and section 71 as a “registration certificate”) stating that the sum is registrable under section 71 for enforcement against the defaulter as a fine.
(3) Where the fixed penalty notice in question was given to the defaulter under section 54 in respect of an offence committed in Scotland—
(a) subsection (2) above does not apply, but
(b) the fixed penalty clerk must, unless the defaulter appears to him to reside within the jurisdiction of the court of summary jurisdiction of which he is himself the clerk, issue a registration certificate in respect of the sum payable in default.
(4) Where the chief officer of police or the fixed penalty clerk issues a registration certificate under this section, he must—
(a) if the defaulter appears to him to reside in England and Wales, cause it to be sent to the clerk to the justices for the petty sessions area in which the defaulter appears to him to reside, and
(b) if the defaulter appears to him to reside in Scotland, cause it to be sent to the clerk of a court of summary jurisdiction for the area in which the defaulter appears to him to reside.
(5) A registration certificate issued under this section in respect of any sum payable in default must—
(a) give particulars of the offence to which the fixed penalty notice relates,
(b) indicate whether registration is authorised under section 55(3) or 64(2) of this Act, and
(c) state the name and last known address of the defaulter and the amount of the sum payable in default.
(1) Where the clerk to the justices for a petty sessions area receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default, he must, subject to subsection (4) below, register that sum for enforcement as a fine in that area by entering it in the register of a magistrates' court acting for that area.
(2) Where the clerk of a court of summary jurisdiction receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default, he must, subject to subsection (4) below, register that sum for enforcement as a fine by that court.
(3) Where—
(a) the fixed penalty notice in question was given to the defaulter under section 54 of this Act in respect of an offence committed in Scotland, and
(b) the defaulter appears to the fixed penalty clerk to reside within the jurisdiction of the court of summary jurisdiction of which he is himself the clerk,
the fixed penalty clerk must register the sum payable in default for enforcement as a fine by that court.
(4) Where it appears to the clerk receiving a registration certificate issued under section 70 of this Act in respect of any sum payable in default that the defaulter does not reside in the petty sessions area or (as the case may be) within the jurisdiction of the court of summary jurisdiction in question—
(a) he is not required by subsection (1) or (2) above to register that sum, but
(b) he must cause the certificate to be sent to the appropriate clerk,
and subsection (1) or, as the case may be, (2) above shall apply accordingly on receipt by the appropriate clerk of the certificate as it applies on receipt by the clerk to whom it was originally sent.
(5) For the purposes of subsection (4) above, the appropriate clerk—
(a) if the defaulter appears to the clerk receiving the registration certificate to reside in England and Wales, is the clerk to the justices for the petty sessions area in which the defaulter appears to him to reside, and
(b) if the defaulter appears to the clerk receiving the registration certificate to reside in Scotland, is the clerk of a court of summary jurisdiction for the area in which the defaulter appears to him to reside.
(6) On registering any sum under this section for enforcement as a fine, the clerk to the justices for a petty sessions area or, as the case may be, the clerk of a court of summary jurisdiction must give to the defaulter notice of registration—
(a) specifying the amount of that sum, and
(b) giving the information with respect to the offence and the authority for registration included in the registration certificate by virtue of section 70(5)(a) and (b) of this Act or (in a case within subsection (3) above) the corresponding information.
(7) On the registration of any sum in a magistrates' court or a court of summary jurisdiction by virtue of this section any enactment referring (in whatever terms) to a fine imposed or other sum adjudged to be paid on the conviction of such a court shall have effect in the case in question as if the sum so registered were a fine imposed by that court on the conviction of the defaulter on the date of the registration.
(8) Accordingly, in the application by virtue of this section of the provisions of the [1980 c. 43.] Magistrates' Courts Act 1980 relating to the satisfaction and enforcement of sums adjudged to be paid on the conviction of a magistrates' court, section 85 of that Act (power to remit a fine in whole or in part) is not excluded by subsection (2) of that section (references in that section to a fine not to include any other sum adjudged to be paid on a conviction) from applying to a sum registered in a magistrates' court by virtue of this section.
(9) For the purposes of this section, where the defaulter is a body corporate, the place where that body resides and the address of that body are either of the following—
(a) the registered or principal office of that body, and
(b) the address which, with respect to the vehicle concerned, is the address recorded in the record kept under the [1971 c. 10.] Vehicles (Excise) Act 1971 as being that body’s address.
(1) This section applies where—
(a) a person who has received notice of the registration, by virtue of section 55(3) of this Act, of a sum under section 71 of this Act for enforcement against him as a fine makes a statutory declaration to the effect mentioned in subsection (2) below, and
(b) that declaration is, within twenty-one days of the date on which the person making it received notice of the registration, served on the clerk of the relevant court.
(2) The statutory declaration must state—
(a) that the person making the declaration was not the person to whom the relevant fixed penalty notice was given, or
(b) that he gave notice requesting a hearing in respect of the alleged offence as permitted by the fixed penalty notice before the end of the suspended enforcement period.
(3) In any case within subsection (2)(a) above, the relevant fixed penalty notice, the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void.
(4) Where in any case within subsection (2)(a) above the person to whom the relevant fixed penalty notice was given surrendered a licence held by the person making the declaration, any endorsement of that licence made under section 57 of this Act in respect of the offence in respect of which that notice was given shall be void.
(5) In any case within subsection (2)(b) above—
(a) the registration, any proceedings taken before the declaration was served for enforcing payment of the sum registered, and any endorsement, in respect of the offence in respect of which the relevant fixed penalty notice was given, made under section 57 of this Act before the declaration was served, shall be void, and
(b) the case shall be treated after the declaration is served as if the person making the declaration had given notice requesting a hearing in respect of the alleged offence as stated in the declaration.
(6) The clerk of the relevant court must—
(a) cancel an endorsement of a licence under section 57 of this Act that is void by virtue of this section on production of the licence to him for that purpose, and
(b) send notice of the cancellation to the Secretary of State.
(7) References in this section to the relevant fixed penalty notice are to the fixed penalty notice relating to the fixed penalty concerned.
(1) This section applies where—
(a) a person who has received notice of the registration, by virtue of section 64(2) of this Act, of a sum under section 71 of this Act for enforcement against him as a fine makes a statutory declaration to the effect mentioned in subsection (2) below, and
(b) that declaration is, within twenty-one days of the date on which the person making it received notice of the registration, served on the clerk of the relevant court.
(2) The statutory declaration must state either—
(a) that the person making the declaration did not know of the fixed penalty concerned or of any fixed penalty notice or notice to owner relating to that penalty until he received notice of the registration, or
(b) that he was not the owner of the vehicle at the time of the alleged offence of which particulars are given in the relevant notice to owner and that he has a reasonable excuse for failing to comply with that notice, or
(c) that he gave notice requesting a hearing in respect of that offence as permitted by the relevant notice to owner before the end of the period allowed for response to that notice.
(3) In any case within subsection (2)(a) or (b) above—
(a) the relevant notice to owner,
(b) the registration, and
(c) any proceedings taken before the declaration was served for enforcing payment of the sum registered,
shall be void but without prejudice, in a case within subsection (2)(a) above, to the service of a further notice to owner under section 63 of this Act on the person making the declaration.
This subsection applies whether or not the relevant notice to owner was duly served in accordance with that section on the person making the declaration.
(4) In any case within subsection (2)(c) above—
(a) no proceedings shall be taken, after the statutory declaration is served until the end of the period of twenty-one days following the date of that declaration, for enforcing payment of the sum registered, and
(b) where before the end of that period a notice is served by or on behalf of the chief officer of police on the person making the declaration asking him to provide a new statutory statement of ownership to that chief officer of police before the end of the period of twenty-one days from the date on which the notice is served, no such proceedings shall be taken until the end of the period allowed for response to that notice.
(5) Where in any case within subsection (2)(c) above—
(a) no notice is served by or on behalf of the chief officer of police in accordance with subsection (4) above, or
(b) such a notice is so served and the person making the declaration provides a new statutory statement of ownership in accordance with the notice,
then—
(i) the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void, and
(ii) the case shall be treated after the time mentioned in subsection (6) below as if the person making the declaration had given notice requesting a hearing in respect of the alleged offence as stated in the declaration.
(6) The time referred to in subsection (5) above is—
(a) in a case within paragraph (a) of that subsection, the end of the period of twenty-one days following the date of the statutory declaration,
(b) in a case within paragraph (b) of that subsection, the time when the statement is provided.
(7) In any case where notice is served by or on behalf of the chief officer of police in accordance with subsection (4) above, he must cause the clerk of the relevant court to be notified of that fact immediately on service of the notice.
(8) References in this section to the relevant notice to owner are to the notice to owner relating to the fixed penalty concerned.
(1) In any case within section 72(2)(b) or 73(2) of this Act—
(a) section 127(1) of the [1980 c. 43.] Magistrates' Courts Act 1980 (limitation of time), and
(b) section 331(1) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (statutory offences time limit),
shall have effect as if for the reference to the time when the offence was committed or (as the case may be) the time when the contravention occurred there were substituted a reference to the date of the statutory declaration made for the purposes of section 72(1) or, as the case may be, 73(1).
(2) Where, on the application of a person who has received notice of the registration of a sum under section 71 of this Act for enforcement against him as a fine, it appears to the relevant court (which for this purpose may be composed of a single justice) that it was not reasonable to expect him to serve, within twenty-one days of the date on which he received the notice, a statutory declaration to the effect mentioned in section 72(2) or, as the case may be, 73(2) of this Act, the court may accept service of such a declaration by that person after that period has expired.
(3) A statutory declaration accepted under subsection (2) above shall be taken to have been served as required by section 72(1) or, as the case may be, section 73(1) of this Act.
(4) For the purposes of sections 72(1) and 73(1) of this Act, a statutory declaration shall be taken to be duly served on the clerk of the relevant court if it is delivered to him, left at his office, or sent in a registered letter or by the recorded delivery service addressed to him at his office.
(5) In sections 72, 73 and this section—
(a) references to the relevant court are—
(i) in the case of a sum registered under section 71 of this Act for enforcement as a fine in a petty sessions area in England and Wales, references to any magistrates' court acting for that area, and
(ii) in the case of a sum registered under that section for enforcement as a fine by a court of summary jurisdiction in Scotland, references to that court,
(b) references to the clerk of the relevant court, where that court is a magistrates' court, are references to a clerk to the justices for the petty sessions area for which that court is acting, and
(c) references to proceedings for enforcing payment of the sum registered are references to any process issued or other proceedings taken for or in connection with enforcing payment of that sum.
(6) For the purposes of sections 72, 73 and this section, a person shall be taken to receive notice of the registration of a sum under section 71 of this Act for enforcement against him as a fine when he receives notice either of the registration as such or of any proceedings for enforcing payment of the sum registered.
(7) Nothing in the provisions of sections 72 or 73 or this section is to be read as prejudicing any rights a person may have apart from those provisions by virtue of the invalidity of any action purportedly taken in pursuance of this Part of this Act which is not in fact authorised by this Part of this Act in the circumstances of the case; and, accordingly, references in those provisions to the registration of any sum or to any other action taken under or by virtue of any provision of this Part of this Act are not to be read as implying that the registration or action was validly made or taken in accordance with that provision.
(1) This section and sections 76 and 77 apply only in relation to offences committed in Scotland.
(2) Where—
(a) a procurator fiscal receives a report that a fixed penalty offence has been committed, and
(b) no fixed penalty notice in respect of the offence has been given under section 54 of this Act or fixed to a vehicle under section 62 of this Act,
he may send a notice under this section to the alleged offender.
(3) Where a procurator fiscal receives a report that—
(a) an offence under an enactment specified in column 1 of Schedule 5 to this Act has been committed, or
(b) an offence under an enactment specified in column 1 of Schedule 3 to this Act has been committed by causing or permitting a vehicle to be used by another person in contravention of any provision made or prohibition imposed by or under any enactment, or
(c) an offence of aiding, abetting, counselling, procuring or inciting the commission of—
(i) a fixed penalty offence, or
(ii) an offence referred to in this subsection,
has been committed,
he may send a notice under this section to the alleged offender.
(4) A notice under this section is referred to in this section and sections 76 and 77 as a “conditional offer”.
(5) Where the procurator fiscal issues a conditional offer, he must notify the clerk of court specified in it of its issue and its terms.
(6) A conditional offer must—
(a) 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,
(b) state the amount of the fixed penalty for that offence, and
(c) state that proceedings against the alleged offender cannot be commenced in respect of that offence until the end of the period of twenty-eight days from the date on which the conditional offer was issued or such longer period as may be specified in the conditional offer.
(7) A conditional offer must indicate that if the following conditions are fulfilled, that is—
(a) within the period of twenty-eight days from the date on which the offer was issued, or such longer period as may be specified in the offer, the alleged offender—
(i) makes payment of the fixed penalty to the clerk of court specified in the offer, and
(ii) where the offence to which the offer relates is an offence involving obligatory endorsement, at the same time delivers his licence to that clerk, and
(b) where his licence is so delivered, that clerk is satisfied on inspecting the licence that, if the alleged offender were convicted of the offence, he would not be liable to be disqualified under section 35 of this Act,
any liability to conviction of the offence shall be discharged.
(8) The Secretary of State may by order provide for offences to become or (as the case may be) to cease to be offences in respect of which a conditional offer may be sent under subsection (3)(a) above, and may make such modifications of the provisions of this Part of this Act as appear to him to be necessary for the purpose.
(9) An offence committed by aiding, abetting, counselling, procuring or inciting the commission of an offence which is an offence involving obligatory endorsement is itself an offence involving obligatory endorsement for the purposes of this Part of this Act.
(1) This section applies where a conditional offer has been sent to a person under section 75 of this Act.
(2) No proceedings shall be brought against any person for the offence to which the conditional offer relates until the procurator fiscal receives notification in accordance with subsection (5) or (6) below.
(3) Payment of the fixed penalty in pursuance of the conditional offer must be made to such clerk of court as may be specified in the offer.
(4) Where the alleged offender makes payment of the fixed penalty in accordance with subsection (3) above, no proceedings shall be brought against him for the offence to which the offer relates.
(5) Where—
(a) the alleged offender tenders payment in accordance with subsection (3) above and delivers his licence to the clerk of court specified in the conditional offer, but
(b) it appears to the clerk of court, on inspecting the licence, that he would be liable to be disqualified under section 35 of this Act if he were convicted of the offence to which the conditional offer relates,
the clerk of court must—
(i) return the licence to the alleged offender together with the payment, and
(ii) notify the procurator fiscal who issued the conditional offer that he has complied with the preceding provisions of this subsection.
(6) Where, on the expiry of the period of twenty-eight days from the date on which the conditional offer was made or such longer period as may be specified in the offer, the conditions specified in the offer in accordance with section 75(7)(a) of this Act have not been fulfilled, the clerk of court must notify the procurator fiscal accordingly.
(7) In any proceedings a certificate that by a date specified in the certificate payment of a fixed penalty was or was not received by the clerk of court specified in the conditional offer shall, if the certificate purports to be signed by that clerk, be sufficient evidence of the facts stated.
(1) Where—
(a) in pursuance of a conditional offer a person (referred to in this section as the “licence holder”) makes payment of the fixed penalty to the clerk of court specified in the offer and delivers his licence to the clerk, and
(b) the clerk is not required by subsection (5) of section 76 of this Act to return the licence to him and did not, before the payment was tendered, notify the procurator fiscal under subsection (6) of that section,
the clerk must thereupon endorse the relevant particulars on the licence and return it to the licence holder.
(2) Where it appears to a clerk of court that there is an error in an endorsement made by virtue of this section on a licence he may amend the endorsement so as to correct the error; and the amended endorsement shall have effect and shall be treated for all purposes as if it had been correctly made on receipt of the fixed penalty.
(3) Subject to subsection (4) below, where a cheque tendered in payment is subsequently dishonoured—
(a) any endorsement made by a clerk of court under subsection (1) above remains effective, notwithstanding that the licence holder is still liable to prosecution in respect of the alleged offence to which the endorsement relates, and
(b) the clerk of court must, upon the expiry of the period specified in the conditional offer or, if the period has expired, forthwith notify the procurator fiscal who made the offer that no payment has been made.
(4) When proceedings are brought against a licence holder after the procurator fiscal has been notified in pursuance of subsection (3)(b) above, the court—
(a) must order the removal of the fixed penalty endorsement from the licence, and
(b) may, on finding the licence holder guilty, make any competent order of endorsement or disqualification and pass any competent sentence.
(5) The reference in subsection (1) above to the relevant particulars is 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.
(6) The clerk of court must send notice to the Secretary of State—
(a) of any endorsement under subsection (1) above and of the particulars endorsed,
(b) of any amendment under subsection (2) above, and
(c) of any order under subsection (4)(a) above.
(7) Where a person’s licence is endorsed under this section he shall be treated for the purposes of sections 13(4), 28, 29 and 45 of this Act and of the [1974 c. 53.] 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 subsection (5)(a) above were particulars of his conviction of that offence.
(8) In relation to any endorsement of a person’s licence under this section—
(a) the reference in section 45(4) of this Act to the order for endorsement, and
(b) 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.
(1) Proceedings shall not be brought against any person for the offence to which a fixed penalty notice relates until the end of the suspended enforcement period.
(2) Proceedings shall not be brought against any person for the offence to which a fixed penalty notice relates if the fixed penalty is paid in accordance with this Part of this Act before the end of the suspended enforcement period.
(1) In any proceedings a certificate that a copy of a statement by a constable with respect to the alleged offence (referred to in this section as a “constable’s witness statement”) was included in or given with a fixed penalty notice or a notice under section 54(3) of this Act given to the accused on a date specified in the certificate shall, if the certificate purports to be signed by the constable or authorised person who gave the accused the notice, be evidence of service of a copy of that statement by delivery to the accused on that date.
(2) In any proceedings a certificate that a copy of a constable’s witness statement was included in or served with a notice to owner served on the accused in the manner and on a date specified in the certificate shall, if the certificate purports to be signed by any person employed by the police authority for the police area in which the offence to which the proceedings relate is alleged to have been committed, be evidence of service in the manner and on the date so specified both of a copy of that statement and of the notice to owner.
(3) Any address specified in any such certificate as is mentioned in subsection (2) above as being the address at which service of the notice to owner was effected shall be taken for the purposes of any proceedings in which the certificate is tendered in evidence to be the accused’s proper address, unless the contrary is proved.
(4) Where a copy of a constable’s witness statement is included in or served with a notice to owner served in any manner in which the notice is authorised to be served under this Part of this Act, the statement shall be treated as duly served for the purposes of section 9 of the [1967 c. 80.] Criminal Justice Act 1967 (proof by written statement) notwithstanding that the manner of service is not authorised by subsection (8) of that section.
(5) In relation to any proceedings in which service of a constable’s witness statement is proved by certificate under this section—
(a) that service shall be taken for the purposes of subsection (2)(c) of that section (copy of statement to be tendered in evidence to be served before hearing on other parties to the proceedings by or on behalf of the party proposing to tender it) to have been effected by or on behalf of the prosecutor, and
(b) subsection (2)(d) of that section (time for objection) shall have effect with the substitution, for the reference to seven days from the service of the copy of the statement, of a reference to seven days from the relevant date.
(6) In subsection (5)(b) above “relevant date” means—
(a) where the accused gives notice requesting a hearing in respect of the offence in accordance with any provision of this Part of this Act, the date on which he gives that notice, and
(b) where a notice in respect of the offence was given to the accused under section 54(4) of this Act but no fixed penalty notice is given in respect of it, the last day for production of the notice under section 54(5) at a police station in accordance with that section.
(7) This section does not extend to Scotland.
In any proceedings a certificate—
(a) that payment of a fixed penalty was or was not received, by a date specified in the certificate, by the fixed penalty clerk, or
(b) that a letter containing an amount sent by post in payment of a fixed penalty was marked as posted on a date so specified,
shall, if the certificate purports to be signed by the fixed penalty clerk, be evidence (and, in Scotland, sufficient evidence) of the facts stated.
(1) Where—
(a) any person is charged with a fixed penalty offence, and
(b) the prosecutor produces to the court a document to which this subsection applies purporting to have been signed by the accused,
the document shall be presumed, unless the contrary is proved, to have been signed by the accused and shall be evidence (and, in Scotland, sufficient evidence) in the proceedings of any facts stated in it tending to show that the accused was the owner, the hirer or the driver of the vehicle concerned at a particular time.
(2) Subsection (1) above applies to any document purporting to be—
(a) a notice requesting a hearing in respect of the offence charged given in accordance with a fixed penalty notice relating to that offence, or
(b) a statutory statement of any description defined in Schedule 4 to this Act or a copy of a statement of liability within the meaning of section 66 of this Act provided in response to a notice to owner.
(1) In England and Wales, sums paid by way of fixed penalty for an offence shall be treated for the purposes of section 61 (application of fines and fees) of the Justices of the [1979 c. 55.] Peace Act 1979 as if they were fines imposed on summary conviction for that offence.
(2) Where, in England and Wales, a justices' clerk for a petty sessions area comprised in the area of one responsible authority (within the meaning of section 59 of that Act) discharges functions in connection with a fixed penalty for an offence alleged to have been committed in a petty sessions area comprised in the area of another such authority—
(a) that other authority must make to the first-mentioned authority such payment in connection with the discharge of those functions as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State, and
(b) any such payment between responsible authorities shall be taken into account in determining for the purposes of subsection (4) of that section the net cost to those authorities respectively of the functions referred to in subsection (1) of that section.
(3) Subsection (2) above does not apply to functions discharged in connection with a fixed penalty on or after the registration of a sum determined by reference to the penalty under section 71 of this Act.
(1) This section applies where—
(a) in endorsing any person’s licence under section 57 of this Act, the fixed penalty clerk is deceived as to whether endorsement under that section is excluded by section 61(2) of this Act by virtue of the fact that the licence holder would be liable to be disqualified under section 35 of this Act if he were convicted of the offence, or
(b) in endorsing any person’s licence under section 77 of this Act the clerk of court specified in the conditional offer (within the meaning of that section) is deceived as to whether he is required by section 76(5) of this Act to return the licence without endorsing it by virtue of the fact that the licence holder would be liable to be disqualified under section 35 of this Act if he were convicted of the offence.
(2) If—
(a) the deception constituted or was due to an offence committed by the licence holder, and
(b) the licence holder is convicted of that offence,
the court by or before which he is convicted shall have the same powers and duties as it would have had if he had also been convicted by or before it of the offence of which particulars were endorsed under section 57 or, as the case may be, 77 of this Act.
Road Traffic Offenders Act 1988