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a Some time ago, under the section headed "Know he Law,"
Page 89
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you dealt with mat-. ers concerning "Notice of 'Mended Prosecution" regardng driving without due care and attention, dangerous driving, atc. In the article concerned it was stated that the police must give verbal warning of a possible prosecution at or immediately after the time of the alleged offence or serve a summons or notice within 14 days — otherwise no action can be taken for such an offence.
Can you please confirm that this statement is still correct and also, if possible, advise me of the appropriate Section, etc, of the Road Traffic Act.
AThis law is contained in Section 179 of the Road Traffic Act 1972. In effect the section says a person who is prosecuted for certain offences shall not be convicted unless
a. he was warned at the time of the offence that the question of prosecuting him for the offence would be considered, or b. within fourteen days he was served with a summons for the offence or a notice of intended prosecution, The Road Traffic Act 1974 amended this section by laying down that the police need not comply with its requirements where at the time of the alleged offence the driver concerned was involved in an accident.
The offences for which the section must be complied with are.— reckless, dangerous and careless driving, failing to comply with a traffic sign or a policeman's signal, leaving vehicle in a dangerous position or exceeding the speed limit. However serious the offence a person cannot be convicted unless the section has been complied with.