Part IV Legal proceedings
Evidence
51 Admissions.
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
51AF3 Admissions: offences under regulations.
1
Subsection (2) applies in relation to any proceedings in England, Wales or Northern Ireland against a person for an offence on the grounds that—
a
a vehicle has been sold or disposed of by, through or to him and he has failed to furnish particulars prescribed by regulations made by virtue of section 22(1)(d);
b
a vehicle has been sold or disposed of by or through him and he has failed to furnish a document prescribed by regulations made by virtue of section 22(1)(dd); or
c
he has surrendered, or not renewed, a vehicle licence, or is keeping an unlicensed vehicle, and has failed to furnish any particulars or make a declaration prescribed by regulations made by virtue of section 22(1D).
2
If—
a
it is appropriately proved that there has been served on the accused by post a requirement under section 46A to give information as to the identity of the person keeping the vehicle at a particular time, and
b
a statement in writing is produced to the court purporting to be signed by the accused that he was keeping the vehicle at that time,
the court may accept the statement as evidence that the accused was keeping the vehicle at that time.
3
In subsection (2) “appropriately proved” has the same meaning as in section 51.
52 Records.
1
A statement to which this section applies is admissible in any proceedings as evidence (or, in Scotland, sufficient evidence) of any fact stated in it with respect to matters prescribed by regulations made by the Secretary of State to the same extent as oral evidence of that fact is admissible in the proceedings.
2
This section applies to a statement contained in a document purporting to be—
a
a part of the records maintained by the Secretary of State in connection with any functions exercisable by him under or by virtue of this Act,
b
a copy of a document forming part of those records, or
c
a note of any information contained in those records,
and to be authenticated by a person authorised to do so by the Secretary of State.
F43
In this section as it has effect in England and Wales—
“document” means anything in which information of any description is recorded;
“copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly; and
“statement” means any representation of fact, however made.
F44
In this section as it has effect in Scotland, “document” and “statement” have the same meanings as in section 17(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and the reference to a copy of a document shall be construed in accordance with section 17(4) of that Act.
F55
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F46
Nothing in subsection (4) F6. . .limits to civil proceedings the references to proceedings in subsection (1).
53 Burden of proof.
Where in any proceedings for an offence under section 29, F731A, 34, 37 or 45 any question arises as to—
a
the number of vehicles used,
b
the character, weight or cylinder capacity of a vehicle,
c
the seating capacity of a vehicle, or
d
the purpose for which a vehicle has been used,
the burden of proof in respect of the matter lies on the accused.
54 Single witness sufficient in certain Scottish proceedings.
In any proceedings in Scotland for an offence under section 29 F8, 31A or 33 the accused may be convicted on the evidence of one witness.
55 Guilty plea by absent accused.
1
This section applies where, under section F912(5) of the M2Magistrates’ Courts Act 1980 or Article 24(2) of the M3Magistrates’ Courts (Northern Ireland) Order 1981, a person is convicted in his absence of F10an offence under section 29 or 35A and it is appropriately proved that a relevant notice was served on the accused with a summons
2
In subsection (1) “appropriately proved” means—
a
in England and Wales, proved to the satisfaction of the court—
i
on oath, or
ii
in the manner prescribed by F11Criminal Procedure Rules , and
b
in Northern Ireland, proved to the satisfaction of the court—
i
on oath,
ii
by affidavit, or
iii
in the manner prescribed by magistrates’ courts rules, as defined by Article 2(3) of the Magistrates’ Courts (Northern Ireland) Order 1981.
3
In this section “relevant notice”, in relation to an accused, means a notice stating that, in the event of his being convicted of the offence, it will be alleged that an order requiring him to pay an amount specified in the notice falls to be made by the court—
a
in a case within subsection (1)(a), under section 30, or
b
in a case within subsection (1)(b), under section 36.
4
Where this section applies, the court shall proceed under section 30, or section 36, as if the amount specified in the relevant notice were the amount calculated in accordance with that section.
5
The court shall not so proceed if it is stated in the notification purporting to be given by or on behalf of the accused under—
b
Article 24(2) of the M5Magistrates’ Courts (Northern Ireland) Order 1981,
that the amount specified in the relevant notice is inappropriate.