Advocacy in the Magistrates' Court
by John Mackenzie
Published 1994
The Legal Action Group
Paperback
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Appeals and Review Remedies for Magistrates' Court Decisions
by Andrew Keogh
Published 1999
Blackstone Press
Paperback
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by Neil Corre, David Wolchover
Published1999
Blackstone Press
Paperback
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1st October 1986 saw the implementation of Part III of the Transport Act 1982 which extended the fixed penalty scheme to a wider range of offences and altered the way in which unpaid fixed penalties are handled. Fixed penalties can now be issued for endorsable offences, e.g. speeding, as well as non-endorsable ones. A police officer has the power to issue both types of fixed penalty whilst a traffic warden can only issue the non-endorsable type. Where a police officer intends to offer a fixed penalty for an endorsable offence he will require the driver's licence to check that the number of points to be endorsed will not render the driver liable to disqualification under the totting-up provisions. If they will not then a fixed penalty can be issued and the licence sent to the fixed penalty clerk for endorsement. If the points are too high then the driver will be reported in the normal way. Where the driver is not able to produce his licence he can be required to produce at a police station within 7 days where he will be given a fixed penalty, provided the points are not too high. Where the driver is not present, a fixed penalty cannot be issued for an endorsable offence. Where a fixed penalty is affixed to a vehicle in the absence of a driver the police will need to trace the owner through DVLC if the fixed penalty is not paid or a hearing not requested. Statute provides that a fixed penalty must be paid within 21 days (although in practice 28 days will be allowed) unless a hearing is requested or where applicable a statement regarding ownership or use is served. The present fixed penalty charges are £20 for non-endorsable offences and £40 for endorsable offences. Where the fixed penalty is not paid, it will be enhanced by 50% and registered for enforcement as if it were a fine in the court nearest to the alleged offender's home.