Records Charge Under False Oaths Act
Page 88
If you've noticed an error in this article please click here to report it so we can fix it.
SECTION 16 of the 1933 Act, does not enable public prosecutors to summon drivers for false entries in their log books, but the False Oaths Act (Scotland), 1933, can be invoked for that purpose. This statement was made during ,a prosecution in Dunfermline Sheriff Court, on Monday.
The case, said to be the first of its kind in Scotland, concerned John Robb, lorry driver, 110, Houston Street, Glasgow, who was charged with knowingly and wilfully making false entries in his log book.
Objecting to the relevancy of the charge, Mr. J. C. K. Miller pointed out that the charge was not so much one of making a false entry in the log sheet, but of the accused uttering it or delivering it to his employer at Lochgclly on a certain date.
Section 2 of the False Oaths Act contained no reference to a current recOrd. Assuming that there was warrant in the statute for including a current record which had to be kept, signed and a34 delivered, there was, in fact, no public general Act requiring the accused to sign and deliver a current record.
Mr. R. J. Waugh, procurator fiscal, said that it was only by using the False Oaths Act that he could reach drivers.
Similar charges, it was stated, were pending against two other drivers employed by the same concern. Sheriff limplierston announced that he would give his decision regarding relevancy on October 25.