Review: Road Traffic Offences
| DOI | 10.1177/0032258X5703000316 |
| Published date | 01 July 1957 |
| Date | 01 July 1957 |
| Subject Matter | Review |
216
THE
POLICE
JOURNAL
good deal to be said for the view that it is intended that the old practice
should be continued. An argument may be based on the newer form
which was sanctioned by the Lord Chancellor in pursuance
of
s.29
of
the Summary Jurisdiction Act, 1879, and from which the words "given
under my hand and seal" have disappeared, the space for a seal with
the letters "L.S." being, however, retained, but the form not stating in
terms that the magistrate has given it under his hand and seal. There-
fore, the decision in this case really depends upon
our
view of the facts
in relation to the proviso to s.l of the Act of 1848. With reference to
that proviso the question is whether the objection taken in this case is
an objection to a defect in form. I have not been able to think of any
objection which can be better described as an objection to a defect in
form, or of any defect which is of less importance than the absence
of
a wafer which, when placed on top of the letters "L.S." would represent
the seal of the justice issuing the summons." On this point Avory J.
was particularly convincing: "The only ground upon which it can be
maintained that a seal is required is that the printed form in the Rules
of 1886contemplates a seal. If reliance is placed upon the printed form
I am unable to see how the argument can prevail that the absence
of
a
seal is not an objection to the form. The proviso to s.l not merely
indicates that such an objection shall not be allowed but says it shall
not be taken, and that means 'taken by the defendant.' "
As a current practical point it might be noted that the letters "L.S."
are not contained in the form of summons contained in the Magistrates'
Courts (Forms) Rules, 1952, and consequently the presence of a seal
is merely surplusage and its absence not even a "defect in form."
NAP
Review
ROAD
TRAFFIC
OFFENCES.
Second Edition, by G. S. Wilkinson. London. The
Solicitors' Law Stationery Society, Ltd. Price 35s. net.
The first edition
of
Mr. Wilkinson's book found ready acceptance on its appear-
ance in October 1953,
and
the three years
that
have passed have produced so
much new law that a second edition has become essential.
It
is very much larger
than its predecessor
and
much
of
it has been completely re-written. The
res~lt
is a first-class, up-to-date statement
of
road traffic law, clearly set
out
and
with
copious references to decisions
of
the High
Court
and
other
courts. .
The learned
author
anticipates consolidation
of
the
Road
Traffic Acts
10
1957,
in which case a short supplement will enable the present book to continue to be
used.
Police officers will be interested in a new section taken from the British Medical
Association's pamphlet,
"The
recognition
of
intoxication."
This is a
book
which officers in charge
of
prosecutions will find indispensable'
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