Commission refers Road Traffic Act conviction

The Scottish Criminal Cases Review Commission (‘the Commission’) has referred a Road Traffic Act conviction to the High Court of Justiciary.

The applicant was convicted at Cumbernauld District Court on 4th December 2009 of a contravention of the Road Traffic Act 1988 section 143(1) and (2). He was fined £200 and his driving licence was endorsed with six penalty points.

The applicant, who was not legally represented, pleaded guilty to the charge by letter but explained in the body of his reply form that he did indeed have valid motor insurance on the date of the alleged offence. The Commission considers that in these circumstances a plea of guilty should not have been recorded in the applicant’s case and that this error has led to a miscarriage of justice.

The Commission has also had regard to the fact that the applicant sought to challenge his conviction by appeal shortly after conviction but was refused leave to do so. In addition, the 6 penalty points imposed remain live and endorsed on the applicant’s licence. For these reasons the Commission also considered that it was in the interests of justice to refer the case.