Road Traffic Act prosecutions under Section 94: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.


FOI reference: FOI/18/00023
Date received: 2 January 2018
Date responded: 15 January 2018

Information requested

  1. The number of driving licence holders who have been prosecuted for contravention of section 94 of the Road Traffic Act 1988.

  2. Of those driving licence holders who were prosecuted for contravention of section 94 of the Road Traffic Act 1988, the number who were convicted.

  3. The number of Group 2 driving licence holders who have been prosecuted for contravention of section 94 of the Road Traffic Act 1988.

  4. Of those Group 2 driving licence holders who were prosecuted for contravention of section 94 of the Road Traffic Act 1988, the number who were convicted.

  5. The number of driving licence holders who have been prosecuted for driving a vehicle after having their licence revoked under section 93 of the Road Traffic Act 1988.

  6. Of those driving licence holders who have been prosecuted for driving a vehicle after having their licence revoked under section 93 of the Road Traffic Act 1988, the number who were convicted.

  7. The number of Group 2 driving licence holders who have been prosecuted for driving a vehicle after having their licence revoked under section 93 of the Road Traffic Act 1988.

  8. Of those Group 2 driving licence holders who have been prosecuted for driving a vehicle after having their licence revoked under section 93 of the Road Traffic Act 1988, the number who were convicted.

Response

The answer to your questions 1 and 2 is provided in the table below:

People proceeded against in Scottish Courts under the Road Traffic Act 1988 S94ยน, 2012-13 to 2015-16.

SECTION OUTCOME 2012-13 2013-14 2014-15 2015-16
ROAD TRAFFIC ACT 1988 SECTION 94(3A) Not Guilty - 1 - -
ROAD TRAFFIC ACT 1988 SECTION 94A(1) Not Guilty 3 3 1 2
ROAD TRAFFIC ACT 1988 SECTION 94A(1) Guilty 8 11 15 12
All 11 15 16 14

1 - where main crime
Source: Scottish Government Criminal Proceedings Database.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have some of the information you have requested.

The Scottish Government does not hold information on type of driving licences held by the offenders (questions 3,4,7 and 8), hence we are unable to determine if offenders were group 2 licence holders or not.

Although the Road Traffic Act 1988 S94A(1)(a)(ii) specifies revoking driving licences under section 93 of this Act, we are unable to break-down the charges further than already done in the table attached above (questions 5,6).

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses

Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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