Criminal Law & Practice in Scotland
| DOI | 10.1177/0032258X6003300210 |
| Published date | 01 April 1960 |
| Date | 01 April 1960 |
| Subject Matter | Article |
Criminal
Law
&
Praetiee
in
Seotland
DRIVING WHILE DISQUALIFIED?
WHAT IS THE PROPER WAY to charge a person who, having been dis-
qualified by a court from holding a driving licence until he passes
the necessary test, drives while holding a provisional licence but
unaccompanied and not showing
"L"
plates? This. in effect, was
the short question in the case of Stewart v. Paterson, 1959,S.L.T. 66.
The Procurator-Fiscal went boldly for a charge laid under Sec-
tion 7 of the Road Traffic Act, 1930, that Paterson did, while so
disqualified, drive a motor car. The Presiding Judge, a Sheriff-
Substitute, apparently had doubts and took time to consider the
position. At the end of the day he came to the view that the com-
plaint was relevant. What seems to have raised his doubt was the
wording of Section 6(4)(a) of the Road Traffic Act. 1934. which
provides that a person so disqualified is entitled to hold a provi-
sional licence. but he must drive in accordance with the conditions
subject to which it is granted. While it was really these conditions
which Paterson did not observe, it is to be noted that Section 7 of
the 1930 Act imposed a complete bar on such a person driving at
all. Then in 1934 such a person was allowed to obtain a provisional
licence but had to conform to the conditions under which it was
granted. As Paterson did not obey these conditions he was. in fact.
driving while disqualified.
This is one of those cases where. at first glance, it appears that
the contravention is one of Section 6(4)(a) of the 1934 Act, but it
must be kept in mind that Paterson was one of the very special
class of persons referred to in Section 7 of the 1930
Act-"a
person
who is disqualified."
FAILURE
TO OBSERVE STEPS IN
PROCEDURE
IN PREVIOUS
ISSUES
we have taken occasion to observe that the
failure to comply strictly with statutory requirements may be fatal
to conviction, and such was the result in the case of Jamieson v.
Heatly, 1959,
SLT.
263.
The case was one of a rather unusual assault in a Juvenile Court
although the actual facts of the case have really nothing whatever
134
April-June
1960
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