A defendant can't be prosecuted unless warned that prosecution would be considered. The warning can be given verbally or in writing. Under which subsection?

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Prepare for the Road Policing, Crime Laws and Public Order in the UK Test. Utilize multiple choice questions, flashcards, and detailed explanations to enhance your understanding. Maximize your readiness for success!

Multiple Choice

A defendant can't be prosecuted unless warned that prosecution would be considered. The warning can be given verbally or in writing. Under which subsection?

Explanation:
Under section 172 of the Road Traffic Act 1988, the police can require a person to provide the name and address of the driver at the time of an alleged offence. Before they can prosecute someone for failing to provide that information, the person must be warned that proceedings may be brought if they don’t comply. That warning can be given either verbally or in writing. This explicit permission to issue such a warning is found in subsection seven of section 172, which is why that option is the correct one. The other subsections deal with different aspects of the s172 process—who the notice must be served on, how soon it must be served, and the content requirements—and do not authorize the warning in the same way.

Under section 172 of the Road Traffic Act 1988, the police can require a person to provide the name and address of the driver at the time of an alleged offence. Before they can prosecute someone for failing to provide that information, the person must be warned that proceedings may be brought if they don’t comply. That warning can be given either verbally or in writing. This explicit permission to issue such a warning is found in subsection seven of section 172, which is why that option is the correct one. The other subsections deal with different aspects of the s172 process—who the notice must be served on, how soon it must be served, and the content requirements—and do not authorize the warning in the same way.

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