Prosecution for no driving license

[darty]

I was involved in a RTA last year where the other driver did not have a driving licence or insurance. The police said that they could not prosecute the driver for the above two offences as the statutory time limit had been exceed when the driver confessed at interview… I complained to the Police complaints department of the force concerned and they agreed they would re-open the case. The driver was prosecuted for no insurance but not for driving without a valid driving license… Does anyone know how long after the accident or confession the statutory time limit for prosecution is for driving without a license?
Thanks
Darty

[Dwight VanDriver]

Generally there is no limitation on the time for taking proceedings for an indictable offence (theft etc). Mags however hearing a summary offence shall not try an information unless it was laid within 6 months from the commission of the offence. However, under certain statutes, this time can be extended.

Road Traffic Offenders Act 1988 Schedule 1 lists a number of offences including Driving other than in accordance with a Driving Licence and also No Insurance.

By virtue of Section 6 of the same Act this states that summary proceedings for Schedule 1 offences may be brought within a period of 6 months from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings came to his knowledge (BiB doing the stop/investigation is a prosecutor), and

No such proceedings shall be brought more than three years after the commission of the offence.

So proceedings have to be commenced within 6 months of the offence coming to the notice of BiB but no more than 3 years from date of offence.

DVD

>> Edited by Dwight VanDriver on Tuesday 17th August 18:47

[darty]

Thanks DVD.
More than 6 months has passed since the accident and the confession at interview with BiB, so I guess the BiB should have prosecuted the no driving license at the same time as the no insurance.

Darty