Road Traffic Offenders Act 1988

32 In Scotland, court may take extract from licensing records into account. E+W+S

(1) Subsections (2) to (5) below apply where a person is convicted in Scotland of an offence involving [F1 obligatory or discretionary disqualification]but his licence [F2 and its counterpart are] not produced to the court.

(2) The court may, in determining what order to make in pursuance of the conviction, take into consideration (subject to subsection (3) below)—

(a) particulars of any previous conviction or disqualification pertaining to him, and

(b) any penalty points ordered to be endorsed on [F3 the counterpart of] any licence held by him which are to be taken into account under section 29 of this Act,

which are specified in a document purporting to be a note of information contained in the records maintained by the Secretary of State in connection with his functions under Part III of the M1 Road Traffic Act 1988.

(3) If the prosecutor lays before the court such a document as is mentioned in subsection (2) above, the court or the clerk of court must ask the accused if he admits the accuracy of the particulars relating to him contained in the document.

(4) Where the accused admits the accuracy of any particulars, the prosecutor need not adduce evidence in proof of those particulars, and the admission must be entered in the record of the proceedings.

(5) Where the accused does not admit the accuracy of any particulars, the prosecutor must, unless he withdraws those particulars, adduce evidence in proof of them, either then or at any other diet.

(6) This section has effect notwithstanding anything in [F4 section 166(1) to (6) of the Criminal Procedure (Scotland) Act 1995] (requirements as to notices of F5 . . .previous convictions).

Annotations:

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Amendments (Textual)

F1 Words in s. 32(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 94; S.I. 1992/1286, art. 2, Sch.

F2 Words substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 7(a)

F3 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 7(b)

F4 Words in s. 32(6) substituted (1.4.1996) by 1995 c. 40, s. 5, 7(2), sch. 4 para. 71(5)

F5 Words in s. 32(6) repealed (31.3.1996) by 1995 c. 20, s. 117, Sch. 6 Pt. I, para. 173(b); S.I. 1996/517, art. 3(2)

Modifications etc. (not altering text)

C1 S. 32: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b)(inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch.).

Marginal Citations

M1 1988 c. 52.