Driver Notification forms for Mark! 5090Uno Hoo! in response to: I don't think I was saying precisely what you were saying. The courts will not convict an alleged burglar merely on suspicion. Either...
Uno Hoo!
I've stayed off this until now.
The issue is one of self incrimination. You have the right to remain silent. If a S172 notice is posted requesting information, which you are legally required to provide, then you must provide the information. If it is accompanied by a notice of intended prosecution for an offence and you are naming yourself as driver then you are contributing evidence towards a legal case against yourself. This is considered self-incrimination.
Now. Here's the insteresting bit. (maybe not if you are scottish)
By replying with a letter (not on the form) stating "The following information is to comply with the request for information, and is not a witness statement. I have not been informed of my rights under the Police and Criminal Evidence Act and this information is provided on the basis that it shall not be used in court" and providing the requested info (name-address-date of birth normally) and signing the form then you have complied with the S172 andnotself-incriminated.
It has been proven in court that an unsigned S172 form is not admissible, but also that not signing it is not complying with the notice. So that doesn't work any more. The above method is the current recommended one if you don't want to give up your rights of silence and non-self-incrimination.
-- We are the keepers of the sacred words: Ni, Pang, and Ni-wom!
