Police Probationer Training Programme - Warning of Intended Prosecution PDF

OFFICIAL Unit 9 Lesson 6...

OFFICIAL Unit 9 Lesson 6 Warning of Intended Prosecution Learning Aim: The learner will be able to explain powers and procedures relating to a Warning of Intended Prosecution Learning Outcomes: Introduction On successful completion of the lesson, students will be able to:- Section 1 of the Road Traffic Offenders Act 1988 states that when you are dealing with 1. List the offences for which a warning of certain road traffic offences you are required intended prosecution will be given (pg. 2) to give notice to the offender that they may be prosecuted. This acts as an early warning to 2. Explain the various methods in which this the offender that at some time in the future warning can be given (pg. 3-4) they may be prosecuted. 3. Describe the circumstances when an accused can be convicted of an offence where no warning was given (pg. 4) 1 th Amended 9 July 2021 v.2 OFFICIAL  OFFICIAL Unit 9 Lesson 6 Warning of Intended Prosecution When to Give a Warning? Legislation states that you must give a warning of intended prosecution after the following offences:- Road Traffic Act 1988 Section Offence Section 2 Dangerous Driving Section 3 Careless Driving Section 22 Dangerous Parking Section 28 Dangerous Cycling Section 29 Careless Cycling Failing to comply with traffic Section 35 directions Section 36 Failing to comply with traffic signs Road traffic Regulation Act 1984 Section Offence Ignoring temporary traffic Section 16 prohibitions Section 17(4) Speeding on motorways Driving below minimum speed Section 88(7) limits Section 89 General speeding 2 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 6 Warning of Intended Prosecution No Warning is Required This requirement does not apply in relation to an offence if, at the time of the offence or immediately after it, a road traffic collision occurs owing to the presence of the vehicle on a road in respect of which the offence was committed. Note:- Many of these offences are extensively covered in lessons within this Unit. Health and Safety HS If administering a warning at the time don’t forget to take your own, and others, health and safety into consideration, including vehicular and pedestrian traffic, weather and road conditions, visibility, etc. Methods of Giving Warning A person accused of any of the above offences must be warned and this can be done in the following ways. At the Time of the Offence You will detect many of these offences at a specific time, date and locus and it follows that you would give a "Warning of Intended Prosecution" verbally at the time of the offence. The Warning - What Do I Say? The warning is short and to the point. Remember it notifies the person that they may be prosecuted, so be clear and concise using the following phrase. “You will be reported for a consideration of the question of a prosecution under…(state the relevant Section and Act contravened)". A common law caution should follow and the fact that both have been given, along with any replies, should be noted in your notebook. Should circumstances dictate that you have to give such a warning without corroboration, the Procurator Fiscal may wish to replicate the warning by way of a written "Notice of Intended Prosecution". 3 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 6 Warning of Intended Prosecution Not Warned Verbally at the time - within 14 days For a number of reasons, e.g., actions caught on a speed camera, a retrospective complaint from a member of the public, the witnessing officer being unable to take immediate action, etc., not all offenders will receive a warning at the time of the offence and this is acknowledged by the legislation with a contingency plan as follows. If not warned at the time, the Procurator Fiscal can comply with section 1 of the Act by sending a written “Notice of Intended Prosecution” to the offender or the registered keeper of the vehicle within 14 days. This is normally done by the police submitting a pro-forma memorandum to the Procurator Fiscal. This must be done as soon as possible, so that the offender receives it within 14 days of the offence. The Notice of Intended Prosecution is usually sent by registered post or recorded delivery. Copy Complaint Served on the Accused This is usually an unsatisfactory method simply because of the time constraints involved. The Procurator Fiscal would have to receive the written police report, prepare the copy complaint and have it served on the accused all within 14 days. This method is normally used when a person is kept in custody to appear in court, or released on an undertaking to appear. Failure to Give Warning or Deliver Notice There may be occasions when the accused cannot be traced within 14 days. In such cases the prosecution must prove that failure to comply with the section was due to one of the following:- All enquiries to trace the accused within 14 days failed The accused contributed to this failure, e.g. giving a false name and address 4 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 6 Warning of Intended Prosecution Activity 1 A1 Take a look at the questions below: 1. If the accused is not warned at the time the Procurator Fiscal can send a Notice of Intended Prosecution to the accused any time after 14 days from the time of the offence? True False 2. The Section 1 warning is given when you deal with someone under section 4 of the Road Traffic Act, 1988? True False 3. The Notice of Intended Prosecution must be served personally upon the Accused True False 4. As well as administering the Section 1 warning, you should also give a common law caution True False 5. If the accused gives false details which prevents them from being traced within 14 days they would no longer be reported for this matter but only for an attempt to pervert the course of justice? True False 6. It is competent, in the case of a custody report or where a person is appearing within 14 days of the offence to serve a copy complaint to them? True False 5 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 6 Warning of Intended Prosecution Feedback 1 F1 1. False 2. False 3. False 4. True 5. False 6. True 6 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 6 Warning of Intended Prosecution For further information, use the resources shown below:- Legal Database/ Road Traffic Law/ Road Traffic Offenders Act 1988 Review: You can list the offences for which a warning of intended prosecution will be given You can explain the various methods in which this warning can be given You can describe the circumstances when an accused can be convicted of an offence where no warning was given 7 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 6 Warning of Intended Prosecution 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