Criminal Law & Practice in Scotland
| Published date | 01 April 1960 |
| Date | 01 April 1960 |
| DOI | http://doi.org/10.1177/0032258X6003300210 |
Criminal
Law
&
Praetiee
in
Seotland
DRIVING WHILE DISQUALIFIED?
WHAT IS THE PROPER WAY to chargea personwho, having been dis-
qualified by a court from holding a drivinglicence until he passes
thenecessary test,driveswhileholdinga provisionallicence but
unaccompanied and not showing
"L"
plates? This.in effect, was
the shortquestion in thecase of Stewart v. Paterson, 1959,S.L.T. 66.
The Procurator-Fiscal went boldly forachargelaidunderSec-
tion 7 of the Road TrafficAct,1930, that Patersondid, while so
disqualified, drive a motor car. The PresidingJudge,aSheriff-
Substitute, apparently had doubts and tooktime to consider the
position. At the end ofthe day he cameto the viewthat the com-
plaint was relevant.Whatseems tohave raisedhis doubt was the
wordingofSection6(4)(a) oftheRoadTrafficAct.1934. which
provides thatapersonsodisqualified isentitledtohold aprovi-
sional licence. but he must drive in accordance with the conditions
subject to whichit isgranted. While itwasreally these conditions
which Paterson did not observe, itis to be noted thatSection 7 of
the1930 Act imposedacompletebar onsuchaperson drivingat
all. Then in 1934such a person wasallowed to obtain a provisional
licence buthadtoconformtothe conditionsunderwhich it was
granted. AsPaterson didnot obey these conditionshe was. in fact.
driving while disqualified.
This isone of thosecases where.atfirst glance, itappearsthat
thecontraventionisoneof Section6(4)(a) ofthe1934 Act,butit
must be keptin mind that Patersonwas oneof thevery special
class of personsreferred to in Section7 of the 1930
Act-"a
person
who is disqualified."
FAILURE
TO OBSERVE STEPS IN
PROCEDURE
IN PREVIOUS
ISSUES
we have takenoccasion toobserve thatthe
failure to comply strictly withstatutory requirementsmay be fatal
to conviction, andsuch was theresultin thecase ofJamieson v.
Heatly, 1959,
SLT.
263.
Thecase was one of a rather unusualassaultin a JuvenileCourt
although the actual facts of the casehave really nothing whatever
134
April-June
1960
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