Philip Gormley Section 172 Speeding Notice of Intended Prosecution

Our client required in terms of section 172 of the Road Traffic Act 1988 to identify the driver of his vehicle on a particular date in relation to an allegation of speeding.

The requirement was made in the name of Philip Gormley - Chief Constable - Police Scotland. Unfortunately for the Procurator Fiscal, Mr Gormley was no longer a Chief Constable nor, indeed, a serving police officer. Our view was that therefore, the request was unlawful and inadmissible in evidence.

The case called in Glasgow Justice of the Peace Court and was considered during the course of two hearings. Ultimately, the Court agreed with our submissions that the request was ultra vires and therefore the Court would exclude it from evidence. 

The Court arrived at a difficult but entirely correct decision in respect of the invalidity of requests made under section 172 of the Road Traffic Act 1988 after 7th February 2018 in the name of Mr Gormley.

This case was argued in Glasgow Justice of the Peace Court by our Mr Simpson on 18th February 2019.