Part IV Legal proceedings

Evidence

51 Admissions.

1

This section applies where in any proceedings in England and Wales or Northern Ireland for an offence under section 29 F1, 34 or 43A

a

it is appropriately proved that there has been served on the accused by post a requirement under section 46(1) or (2) to give information as to the identity of—

i

the driver of, or a person who used, a particular vehicle, or

ii

the person who kept a particular vehicle on a road,

on the particular occasion on which the offence is alleged to have been committed, and

b

a statement in writing is produced to the court purporting to be signed by the accused that he was—

i

the driver of, or a person who used, that vehicle, or

ii

the person who kept that vehicle on a road,

on that occasion.

2

Where this section applies, the court may accept the statement as evidence that the accused was—

a

the driver of, or a person who used, that vehicle, or

b

the person who kept that vehicle on a road,

on that occasion.

3

In subsection (1) “appropriately proved” means proved to the satisfaction of the court—

a

on oath, or

b

in the manner prescribed—

i

in England and Wales, by F2Criminal Procedure Rules , or

ii

in Northern Ireland, by magistrates’ courts rules, as defined by Article 2(3) of the M1Magistrates’ Courts (Northern Ireland) Order 1981.