Scotland extends time to start proceedings for summary offences

Convicted Driver Insurance
price1367

price1367

TTC Group
Just a heads up for our Scottish readers who are anxiously awaiting paperwork and wondering if they can breath a sigh of relief, Scotland has extended the time allowed to commence proceedings from 6 months to 12 months:

" Paragraph 10(4) modifies section 136(1) of the 1995 Act so as to provide that the time limit for the commencement of proceedings for any statutory offence triable only summarily, unless the enactment fixes a different time limit, is temporarily increased from 6 months to 12 months. "

Coronavirus (Scotland) Act 2020 - Explanatory Notes

www.legislation.gov.uk www.legislation.gov.uk

So this would apply to any drink driving cases (or other motoring offences) where the person is due to be taken before a Scottish court.
There is nothing like this in the pipeline for the rest of the UK at present.
 
price1367 said:
Just a heads up for our Scottish readers who are anxiously awaiting paperwork and wondering if they can breath a sigh of relief, Scotland has extended the time allowed to commence proceedings from 6 months to 12 months:

" Paragraph 10(4) modifies section 136(1) of the 1995 Act so as to provide that the time limit for the commencement of proceedings for any statutory offence triable only summarily, unless the enactment fixes a different time limit, is temporarily increased from 6 months to 12 months. "

Coronavirus (Scotland) Act 2020 - Explanatory Notes

www.legislation.gov.uk www.legislation.gov.uk

So this would apply to any drink driving cases (or other motoring offences) where the person is due to be taken before a Scottish court.
There is nothing like this in the pipeline for the rest of the UK at present.
Click to expand...
Hey just read attached is this still the case? My son was charged with being in control of a car under influence of drugs in June last year and we haven't heard anything since?
 
lgaffney1005 said:
Hey just read attached is this still the case? My son was charged with being in control of a car under influence of drugs in June last year and we haven't heard anything since?
Click to expand...
Was he given a pink form, called a bail undertaking for court at the police station? If not, on what basis was he released.... such as pending the result of the blood analysis?
Sorry, just looked at your first post on here, he was released after providing a swab for analysis. As 12 months have not yet passed he could still be taken to court.
 
price1367 said:
Was he given a pink form, called a bail undertaking for court at the police station? If not, on what basis was he released.... such as pending the result of the blood analysis?
Sorry, just looked at your first post on here, he was released after providing a swab for analysis. As 12 months have not yet passed he could still be taken to court.
Click to expand...
Hi there you replied in march to my post re my son above wonder if you could advise we are now 2 days after the 12 months and we have just received notice for my son to collect a letter from local police which we think is a court summons how long do they get after the 12 months to serve papers?
 
lgaffney1005 said:
Hi there you replied in march to my post re my son above wonder if you could advise we are now 2 days after the 12 months and we have just received notice for my son to collect a letter from local police which we think is a court summons how long do they get after the 12 months to serve papers?
Click to expand...
Also I've just been informed on the citation Both his first and surname are misspelled and the car registration is wrong can this affect the charges?
 
There is no limit on when the citation has to be served, just so long as the application for the proceedings was made before the 12 months.
The spellings and even the car number being wrong are not relevant. As soon as it is pointed out, they will apply to the Sheriff for the points to be amended.
 
price1367 said:
There is no limit on when the citation has to be served, just so long as the application for the proceedings was made before the 12 months.
The spellings and even the car number being wrong are not relevant. As soon as it is pointed out, they will apply to the Sheriff for the points to be amended.
Click to expand...
Ah ok thanks I was made aware if details did not match would be possibility they could not charge 🙈 is there anything that can be done to help at all as he has since had a baby and a new job that he needs to drive and this would make such a negative impact on him for now for something over a year ago? 🙈
 
Scotland is the same as England, if he is over the drug drive limit then there is no discretion, a minimum 12 month ban. Scotland seems to stick to just 12 months unless it is very high or a nasty accident.
 
I see on another post of yours tonight that he has actually been taken to court for IN CHARGE of a vehicle whilst under the influence of drugs.
If that is the case, it is good news, because that carries a 6 month ban, but also the possibility of 10 points instead of a ban if he can put forward some decent mitigation.
 
price1367 said:
Scotland is the same as England, if he is over the drug drive limit then there is no discretion, a minimum 12 month ban. Scotland seems to stick to just 12 months unless it is very high or a nasty accident.
Click to expand...

price1367 said:
I see on another post of yours tonight that he has actually been taken to court for IN CHARGE of a vehicle whilst under the influence of drugs.
If that is the case, it is good news, because that carries a 6 month ban, but also the possibility of 10 points instead of a ban if he can put forward some decent mitigation.
Click to expand...
Ah this would help sommuch thank you we have now spoke to a lawyer who is going to contact us next week to get all details of the case see what can be done thanks for the info 😊
 
Don't go mad on a specialist solicitor unless you think he has a decent defence. For simple mitigation you will find that any solicitor is quite capable of submitting mitigation for you and that should cost no more than £3-400.
 
Robbie19 said:
Omg it’s dragging on my son hasn’t been charged yet he was let out under investigation am sick with worry is your son still allowed to drive
Click to expand...
I know he has been advised by his lawyer he will most definitely lose his licence though so kind of know what's ahead still driving for now thankfully keeping his job a bit longer
 
lgaffney1005 said:
I know he has been advised by his lawyer he will most definitely lose his licence though so kind of know what's ahead still driving for now thankfully keeping his job a bit longer
Click to expand...
Maybe they will drop it cause it’s went on so long now fingers crossed know it’s wrong they had a joint and drove but waiting a year is so bad they’ve been punished the pandemic Sloane has took it toll on young ones and this is destroying them my boy same he will lose his job and his anxiety is through the roof am so worried for him
 
Robbie19 said:
Maybe they will drop it cause it’s went on so long now fingers crossed know it’s wrong they had a joint and drove but waiting a year is so bad they’ve been punished the pandemic Sloane has took it toll on young ones and this is destroying them my boy same he will lose his job and his anxiety is through the roof am so worried for him
Click to expand...
Hopefully it maybe go over the year date for your son, you never know it has happened to quite a few. good luck
 
lgaffney1005 said:
Hopefully it maybe go over the year date for your son, you never know it has happened to quite a few. good luck
Click to expand...
Hi my sons was dismissed from court due to time barred your son will probably get same judge said it was a waste of court time so fingers crossed for you his court case was yesterday 10 mins and over for 15 months of stress
 
You must log in or register to reply here.
Enter code DRINKDRIVING10 during checkout for 10% off
Top