Section 172 Requirement - Service?
Discussion
To the 'legal eagles' amongst you...
Basically, do the prosecution have to prove service of a s.172 request if the defendant refutes it? I know we've spoken about NIPs being served before, but s.172 is completely different, albeit it is usually combined on the same document.
Does the Interpretation Act 1978 encompass a s.172 request? As you know, s.7 of the IA only applies to certain things, and I can't find any mention of s.172 being one of those...
Wilkinsons Road Traffic neatly sidesteps the issue altogether.
Case law?
Basically, do the prosecution have to prove service of a s.172 request if the defendant refutes it? I know we've spoken about NIPs being served before, but s.172 is completely different, albeit it is usually combined on the same document.
Does the Interpretation Act 1978 encompass a s.172 request? As you know, s.7 of the IA only applies to certain things, and I can't find any mention of s.172 being one of those...
Wilkinsons Road Traffic neatly sidesteps the issue altogether.
Case law?
Surely if it doesn't apply, the prosecution have to prove service, even if the accused doesn't deny it.
Not that it answers your question, but the authors of RTA 1991 thought that it applied (the new SS(9)).
Also, if you nip
over to Pepipoo, do a search for 'J S Barron'.
You will find a 'idiots guide' to speeding and S172, written by a clerk to South Wales magistrates.
He thought that it applied too.
In any case, what makes you think that it only applies go certain things?
ISTR that it is drawn vey widely.
>> Edited by jeffreyarcher on Wednesday 22 June 15:50
>> Edited by jeffreyarcher on Wednesday 22 June 15:52
>> Edited by jeffreyarcher on Wednesday 22 June 15:54
Not that it answers your question, but the authors of RTA 1991 thought that it applied (the new SS(9)).
Also, if you nip
over to Pepipoo, do a search for 'J S Barron'. You will find a 'idiots guide' to speeding and S172, written by a clerk to South Wales magistrates.
He thought that it applied too.
In any case, what makes you think that it only applies go certain things?
ISTR that it is drawn vey widely.
>> Edited by jeffreyarcher on Wednesday 22 June 15:50
>> Edited by jeffreyarcher on Wednesday 22 June 15:52
>> Edited by jeffreyarcher on Wednesday 22 June 15:54
D
Section 172, in its entirety will be impressed on your mind so no need to go through it.
It does mention at Sub Sec 7 that the requirement by or on behalf of the Chief of Police may be made by WRITTEN NOTICE SERVED BY POST. There is no instruction as what post to be used as under a NOIP. It would be most prudent to have proof of course and in my day we sent either Rec Del or Reg Post so that non service could not be argued at a later date.
Again under Section 7 Intrepretation Act 1978 unless the contrary appears then service deemed to be effected by properly addressing and posting etc.unless the contrary is proved.
To me failing to name must have evidence of the manner request was made by COP or on his behalf, that either no driver was named or there was no response to the
request within 28 days of notice being served.
Having proved all this at Court then a defendant would have to convince the Magistrates that he did not receive such a written notice. If the Mags satisfied that it was not sent out then the case folds?
DVD
Section 172, in its entirety will be impressed on your mind so no need to go through it.
It does mention at Sub Sec 7 that the requirement by or on behalf of the Chief of Police may be made by WRITTEN NOTICE SERVED BY POST. There is no instruction as what post to be used as under a NOIP. It would be most prudent to have proof of course and in my day we sent either Rec Del or Reg Post so that non service could not be argued at a later date.
Again under Section 7 Intrepretation Act 1978 unless the contrary appears then service deemed to be effected by properly addressing and posting etc.unless the contrary is proved.
To me failing to name must have evidence of the manner request was made by COP or on his behalf, that either no driver was named or there was no response to the
request within 28 days of notice being served.
Having proved all this at Court then a defendant would have to convince the Magistrates that he did not receive such a written notice. If the Mags satisfied that it was not sent out then the case folds?
DVD
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