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The Road Traffic Offenders (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Notices on-the-spot or at a police station

60.—(1) This Article applies where on any occasion a constable in uniform has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence.

(2) Subject to paragraph (3), the constable may give him a fixed penalty notice in respect of the offence.

(3) Where the offence appears to the constable to involve obligatory endorsement, the constable may only give him a fixed penalty notice under paragraph (2) in respect of the offence if—

(a)he produces his licence and its counterpart for inspection by the constable,

(b)the constable is satisfied, on inspecting the licence and its counterpart, that he would not be liable to be disqualified under Article 40 if he were convicted of that offence, and

(c)he surrenders his licence and its counterpart to the constable to be retained and dealt with in accordance with this Part.

(4) Where—

(a)the offence appears to the constable to involve obligatory endorsement, and

(b)the person concerned does not produce his licence and its counterpart for inspection by the constable,

the constable may give him a notice stating that if, within 7 days after the notice is given, he produces the notice together with his licence and its counterpart in person to a constable or authorised person at the police station specified in the notice (being a police station chosen by the person concerned) and the requirements of paragraph (5)(a) and (b) are met he will then be given a fixed penalty notice in respect of the offence.

(5) If a person to whom a notice has been given under paragraph (4) produces the notice together with his licence and its counterpart in person to a constable or authorised person at the police station specified in the notice within 7 days after the notice was so given to him and the following requirements are met, that is—

(a)the constable or authorised person is satisfied, on inspecting the licence and its counterpart, that he would not be liable to be disqualified under Article 40 if he were convicted of the offence, and

(b)he surrenders his licence and its counterpart to the constable or authorised person to be retained and dealt with in accordance with this Part,

the constable or authorised person must give him a fixed penalty notice in respect of the offence to which the notice under paragraph (4) relates.

(6) A notice under paragraph (4) 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 and a counterpart of a licence surrendered in accordance with this Article must be sent to the fixed penalty clerk.

(8) In this Part “authorised person”, in relation to a fixed penalty notice given at a police station, means a person authorised for the purposes of this Article by or on behalf of the Chief Constable.

(9) In determining for the purposes of paragraphs (3)(b) and (5)(a) whether a person convicted of an offence would be liable to disqualification under Article 40, 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 or Part II of Schedule 1, that the number of penalty points to be attributed to the offence would be the lowest in the range.

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