Part I Trial
Trial
12 Proof, in summary proceedings, of identity of driver of vehicle. C1
1
Where on the summary trial in England and Wales of an information for an offence to which this subsection applies—
a
it is proved to the satisfaction of the court, on oath or in manner prescribed by F3Criminal Procedure Rules, that a requirement under section 172(2) of the M1Road Traffic Act 1988 to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused by post, and
b
a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,
the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.
2
Schedule 1 to this Act shows the offences to which subsection (1) above applies.
3
Where on the summary trial in England and Wales of an information for an offence to which section 112 of the M2Road Traffic Regulation Act 1984 applies—
a
it is proved to the satisfaction of the court, on oath or in manner prescribed by F4Criminal Procedure Rules, that a requirement under section 112(2) of the Road Traffic Regulation Act 1984 to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused by post, and
b
a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,
the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.
F14
In summary proceedings in Scotland for an offence to which section 20(2) of the F2this Act applies, where—
a
it is proved to the satisfaction of the court that a requirement under section 172(2) of the Road Traffic Act 1988 to give information as to the identity of a driver on a particular occasion to which the complaint relates has been served on the accused by post, and
b
a statement in writing is produced to the court, purporting to be signed by the accused, that the accused was the driver of that vehicle on that occasion,
that statement shall be sufficient evidence that the accused was the driver of the vehicle on that occasion.