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Scottish Traffic Law advice needed


tmJak

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A friend recently had an accident in Scotland where she was turning right into a junction and an oncoming car clipped the fron end of her car. She was badly injured with shattered legs etc but the other driver was pretty much ok (except the obligatory whip cash!).

 

I know in England if the police are going to bring a prosecution for a summary traffic offence, unless it's something like dangerous driving then there is a six month time limit for the police to lay the information before the court and begin the prosecution. Is this the case in Scotland?

 

It's about 6 months since the accident and she hasn't heard from the police but doesn't want to ring and ask in case it reminds them if you know what I mean.

 

Ps she was sober and offence would be along lines of driving without due care and attention.

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Was she charged?

 

Usually if the police attend an accident they pretty much charge there and then and let the procurator fiscal decide if the charge needs to be followed up. Six months is still usually the limit I believe.

 

My mate was in a similar situation when he passed his test, he basically pulled out in front of a speeding van, he was charged with careless driving but was never prosecuted.

 

So, I wouldn't bother worrying unless she was charged, in which case the charge will probably not be followed up on if you haven't heard by now!

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Guest prescience
A friend recently had an accident in Scotland where she was turning right into a junction and an oncoming car clipped the fron end of her car. She was badly injured with shattered legs etc but the other driver was pretty much ok (except the obligatory whip cash!).

I know in England if the police are going to bring a prosecution for a summary traffic offence, unless it's something like dangerous driving then there is a six month time limit for the police to lay the information before the court and begin the prosecution. Is this the case in Scotland?

 

It's about 6 months since the accident and she hasn't heard from the police but doesn't want to ring and ask in case it reminds them if you know what I mean.

 

Ps she was sober and offence would be along lines of driving without due care and attention.

 

Just to be clear, there is as you say in England an overall time-limit of 6 months for the prosecution to proceed BUT the NIP (Notice of Intended Prosecution [NIP]) needs to be received within 14 days, unless given verbally at the scene by plod

http://www.lawontheweb.co.uk/crimertonip.htm

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Just to be clear, there is as you say in England an overall time-limit of 6 months for the prosecution to proceed BUT the NIP (Notice of Intended Prosecution [NIP]) needs to be received within 14 days, unless given verbally at the scene by plod

 

True, esp in relation to speeding :blush:

 

Although if you commit a traffic offence and as a result an accident occurs, an NIP is not required unless the driver was not aware of the accident.

 

Was she charged?

 

No mate, she went unconscious at the crash site and was in a bad way for a while. Only out of hospital a couple of months ago and never been spoken to by the police. Can only assume they do not wish to prosecute then. . .

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