Police Probationer Training Programme - Duty of Drivers to Give Information PDF

OFFICIAL Unit 9 Lesson 5...

OFFICIAL Unit 9 Lesson 5 Duty of Drivers to Give Information Learning Aim: To enable learners to apply legislation to determine the identity of drivers Learning Outcomes: Introduction On successful completion of the lesson, students will be able to:- In addition to your responsibility to prevent and detect crime, you have a significant role to play in road policing which entails regular 1. Explain police powers under Section interaction with drivers and owners of motor 172 of the Road Traffic Act 1988 vehicles. It is important that you are aware of (pg. 2) your police powers to “require” certain information from drivers, riders and owners. 2. State what is meant by the term When the driver of a motor vehicle or the rider “authorised officers" (pg. 2) of a pedal cycle is alleged to have committed a road traffic offence, certain people are required by law to give the police information as to the identity of the driver or cyclist at the time. 1 th Amended 5 March 2024 v.4 OFFICIAL  OFFICIAL Unit 9 Lesson 5 Duty of Drivers to Give Information Power to Require Information Section 172 of the Road Traffic Act 1988 provides that where the driver or rider of a vehicle, (and this includes a pedal cycle), is alleged to have committed a relevant offence, police officers, authorised by their Chief Constable in writing, may require certain people to supply information as to the identity of the driver or rider at the time of the offence. The “certain people” required to give this information are as follows:- The vehicle’s registered keeper or owner. (This is relatively straight forward and you would expect this information from one of these individuals) Any other person who may have the information Any such person who fails to give information when required to do so commits an offence. Example:- You could obtain information from a depot manager or transport manager of a large nation-wide company who have a fleet of vehicles at several depots. Authorised Officers Before you can make such a requirement, you must be authorised in writing by the Chief Constable under terms of Section 172. This will be issued during your training and should be kept with your warrant card. It must be shown if requested by a driver during the Section 172 process. Relevant Offences Section 172 of the Act as amended may be used for the following offences:- Culpable homicide by the driver of a motor vehicle. Most offences under the Road Traffic Act 1988. Offences against any other legislation, which relates to the use of vehicles on roads. For example: - Section 25, 26 and 27 of the Road Traffic Offenders Act 1988. (These relate to conviction and sentencing procedures and offences used by the courts). 2 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 5 Duty of Drivers to Give Information Here is a practical example of when you would use the Section 172 requirement:- You are on patrol on your own when you see a car swerving across the road ahead. You stop the vehicle. When you speak to the driver you smell alcohol from them. You radio for assistance. When your colleague arrives you should carry out a Section 172 requirement. The reason for this is that there is no corroboration with regard to the person being the driver of the car. The reply to the Section 172 requirement is further evidence to corroborate you as a single eye witness. Professional Standards PS In many instances the outcome of the Section 172 requirement can be crucial and can determine the outcome of your investigation. Make sure you fully record details of the requirement and any reply. You may be asked to explain your actions in any subsequent court hearing. Statutory Defence A person will not be convicted of a Section 172 offence if they can prove that they did not know and could not, with reasonable diligence, have found out who the driver or rider was at the material time. Example:- Mr Robertson has his car stolen and it is subsequently involved in a road traffic collision where the vehicle fails to stop. The vehicle is later recovered but there is no trace of the driver. As the vehicle has been stolen it is highly unlikely that Mr Robertson would be able to say who the driver had been at the material time and under the given circumstances meets the criteria of the statutory defence outlined above. 3 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 5 Duty of Drivers to Give Information Practicalities and Procedures When using your power to require information you should explain the terms of Section 172 to the person concerned, make the requirement, and carefully note in your notebook the precise wording of any reply made. The act does not stipulate specific wording for the requirement, however you should utilise the statement provided within the Section 172 form on your mobile device. The following statement is also contained within your Aide Memoire, which should be utilised when you do not have access to your mobile device; “In terms of Section 172(2) of the Road Traffic Act, 1988, I require you to identify the driver of motor car registration number (insert VRM) at (insert place) on (insert date and time). I must warn you that on this particular matter you are not entitled to remain silent and are legally bound to provide me with as much information as is in your possession concerning the identity of the driver. Failure to do so is an offence Do you understand?” In practice, most people will give the information when they realise that it is an offence to fail to comply. Replies made to the requirement may provide valuable evidence to corroborate the identity of drivers at the time of the offence, particularly in drink driving and “hit and run” cases. There may be occasions when a person claims that they have either recently sold the vehicle or that the vehicle has been stolen. In these circumstances, further enquiry must be made in an attempt to establish the truth of the matter. If the result of a Section 172 requirement is to be of evidential value, officers should ensure that another officer corroborates the requirement and any replies made. You should always ensure that another officer corroborates any Section 172 requirement you carry out, as the reply to the requirement may be used as evidence. 4 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 5 Duty of Drivers to Give Information Case Law Here are some interesting stated cases relating to section 172. It was held that no particular form of words was necessary when requiring information but that if a person refuses to answer a simple question as to the identity of the driver, the constable will have to explain that failure to answer is an offence and repeat the question. Therefore, where a person refuses or fails to provide the information, the person should be required to provide it in terms of this section, being warned that failure to provide it is an offence. There is no doubt that this section can be used to obtain a corroborating admission from a known driver. When this is necessary, the formal Section 172 procedure should be used to prevent any evidential complications. (Duncan V. MacGillivray 1988 S.C.C.R. 488.) It was held on a charge of failing to give information as to the identity of the driver of a vehicle contrary to Section 172(2) above, it is necessary for the prosecution to prove it was the defendant’s car which was involved in the alleged offence, but it is unnecessary to prove that the offence was actually committed. (Jacob V. Garland (1973) 117 S.J. 915 D.C.) The test for Section 172(2) is whether a constable has information to support an allegation in good faith that a contravention of some provision of the Road Traffic Act has taken place, and that where one police officer saw the accused driving erratically, the combination of his observations of accused’s driving and accused’s appearance when he emerged from the car was sufficient to support an allegation (Hingston v. Pollok, 1989, S.C.C.R. 697.) 5 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 5 Duty of Drivers to Give Information Activity 1 A1 Have a look at the following statements and indicate if they are true or false. 1. Section 172 of the Road Traffic Act 1988 provides that where the driver or rider of a vehicle is alleged to have committed “any offence”, authorised police officers, may require certain people to supply information as to the identity of the driver at the time. True/False. 2. Before a police officer can make such a requirement, they must be authorised in writing by their supervisor under terms of Section 172. This written authority is normally attached to police warrant cards, or printed on the rear of the card. Depending on local instructions, the written authority should be produced on each occasion this Section is used. True/False. 3. A person will not be convicted of a Section 172 offence if they can prove that they cannot remember who the driver or rider was at the time of the offence. True/False. 4. Section 172 of the Act as amended may be used for the following offences:- Culpable homicide by the driver of a motor vehicle Most offences under the Road Traffic Act 1988 Offences against any other legislation, which relates to the use of vehicles on roads e.g. Section 25, 26 or 27 of the Road Traffic Offenders Act, 1988. True/False. 6 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 5 Duty of Drivers to Give Information Feedback 1 F1 1. False - the driver/rider must have committed a relevant offence. 2. False - the authorisation must be from the Chief Constable 3. True - however, they would need to prove that they did not or could not, with reasonable diligence, have found out who the driver or rider was at the material time. 4. True 7 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 5 Duty of Drivers to Give Information For further information, use the resources shown below:- Legal Database:- Road Traffic Law - Road Traffic Act 1988 - Legislation - Part VII Review: You can explain police powers under Section 172 of the Road Traffic Act 1988 You can state what is meant by the term “authorised officers" Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 8 Road Policing OFFICIAL