Judicial Review and Courts Act 2022

Road Traffic Offenders Act 1988 U.K.

11 (1) The Road Traffic Offenders Act 1988 is amended as follows.

(2) In section 1 (requirement for warning etc before certain prosecutions), after subsection (1) insert—

“(1ZA) In the case of an offence to be prosecuted in England and Wales, a notice required by this section to be served on any person may be served on that person in accordance with Criminal Procedure Rules.

(1ZB) For the purposes of subsection (1ZA)—

(a) Criminal Procedure Rules (as they have effect from time to time) apply to the notice as if it were a document to be served in criminal proceedings before a magistrates’ court, and

(b) any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.

(1ZC) In the case of an offence to be prosecuted elsewhere, subsections (1A) and (2) apply.”

(3) In section 12 (proof of identify of driver in summary proceedings), in subsections (1)(a) and (3)(a), for “by post” substitute “in accordance with Criminal Procedure Rules”.

(4) In section 16 (documentary evidence as to specimens of breath, blood or urine), in subsection (6), after “may” insert “—

(a) if the proceedings mentioned in section 15(1) take place in England and Wales, be served in accordance with Criminal Procedure Rules, or

(b) if the proceedings take place elsewhere,”.

(5) In section 25 (requirement to inform court of date of birth and sex following conviction), in subsection (7)—

(a) after “him” (in the first place it occurs) insert “—

“(a) if the conviction was in England and Wales, in accordance with Criminal Procedure Rules, or

(b) if the conviction was elsewhere,”;

(b) for “this subsection” (in both places it occurs) substitute “this paragraph”.

(6) In section 85 (service of certain documents in connection with alleged offences), before subsection (1) insert—

“(A1) Subsections (A2) to (A4) apply in relation to an offence alleged to have taken place in England and Wales.

(A2) Subject to any requirement of this Part of this Act with respect to the manner in which a person may be provided with any such document, the person may be provided with the following documents in accordance with Criminal Procedure Rules (but without prejudice to any other method of providing them), that is to say—

(a) any of the statutory statements mentioned in Schedule 4 to this Act, and

(b) any of the documents mentioned in section 66(2) of this Act.

(A3) A notice to owner may be served on any person in accordance with Criminal Procedure Rules.

(A4) For the purposes of subsections (A2) and (A3)—

(a) Criminal Procedure Rules (as they have effect from time to time) apply to the document to be provided or (as the case may be) the notice to be served as if it were a document to be served in criminal proceedings before a magistrates’ court, and

(b) any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.

(A5) Subsections (1) to (5) apply in relation to an offence alleged to have taken place outside England and Wales.”

Commencement Information

I1 Sch. 1 para. 11 in force at 28.6.2022, see s. 51(3)(b)