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(2) Where the driver of a vehicle is alleged to be guilty
of an offence to which this section applies- (a) the person keeping the
give such information
as to the identity of the driver as he may be required to give by or
on behalf of a chief officer of police, and…..(b) any other person
shall if required as stated above give any information which it is in
his power to give and may
lead to identification of the driver.
(3) A person who fails to comply with the requirement of subsection (2)(a) above
is guilty of an offence unless he shows to the satisfaction of the court that
he did not know and could not with reasonable diligence have ascertained who
the driver of the vehicle or, as the case may be, the rider of the cycle was.
(4) A person who fails to comply with the requirement of subsection (2)(b)
above is guilty of an offence
Notice of intended prosecution: Requirement of warning etc. of prosecutions
for certain offences. 1.-(1) Subject to section 2 of this Act, where a person
is prosecuted for an offence to which this section applies, he is not to be
(a) he was warned at the time the offence was committed that the question of
prosecuting him for some one or other of the offences to which this section
applies would be taken into consideration, or
(b) within fourteen days of the commission of the offence a summons (or, in
Scotland, a complaint) for the offence was served on him, or
(c) within fourteen days of the commission of the offence a notice of the intended
prosecution specifying the nature of the alleged offence and the time and place
where it is alleged to have been committed, was-
(2) A notice shall be deemed for the purposes of subsection (1)(c) above to
have been served on a person if it was sent by registered post or recorded
delivery service addressed to him at his last known address, notwithstanding
that the notice was returned as undelivered or was for any other reason not
received by him.
(3) The requirement of subsection (1) above shall in every case be deemed
to have been complied with unless and until the contrary is proved.
(4) Schedule 1 to this Act shows the offences to which this section applies.
a summons or, as the case may be, a complaint to be served or for a notice
to be served or sent in compliance with the requirement, or
(b) that the accused by his own conduct contributed to the failure.
Requirement of warning etc: supplementary.
2.-(1) The requirement of section 1(1) of this Act does not apply in relation
to an offence if, at the time of the offence or immediately after it, an
accident occurs owing to the presence on a road of the vehicle in respect
of which the offence was committed.
(2) The requirement of section 1(1) of this Act does not apply in relation
to an offence in respect of which-
(a) a fixed penalty notice (within the meaning of Part III of this Act) has
been given or fixed under any provision of that Part, or
(b) a notice has been given under section 54(4) of this Act.
(3) Failure to comply with the requirement of section 1(1) of this Act is not
a bar to the conviction of the accused in a case where the court is satisfied-
(a) that neither the name and address of the accused nor the name and address
of the registered keeper, if any, could with reasonable diligence have been
ascertained in time for
(4) Where a person is prosecuted on indictment in England and Wales-
(a) for an offence to which section 1 of this Act does not apply, or
(b) for an offence to which that section does apply, but as respects which
the requirement of subsection (1) of that section has been satisfied,
that subsection does not prejudice any power of the jury on the charge for
that offence, if they find him not guilty of it, to find him guilty of an offence
under section 2 or 3 of the [1988 c. 52.] Road Traffic Act 1988
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