Road Traffic and Roads Act 2023 - Strict Construction
The Road Traffic and Roads Act 2023 made various amendments to road traffic legislation but did not extend or simplify the FCN regime. Where a prosecution relies on a 2023 Act provision, the prosecution must specifically plead the correct version of the offence as in force at the date of the alleged offence. Errors in pleading (citing a 2010 provision when the 2023 version applied, or vice versa) are a defence.
Legal basis
Road Traffic and Roads Act 2023; Interpretation Act 2005 (transitional provisions).
How to identify this in your case
Compare the legal provision cited on FCN/summons with the version in force at the offence date. Watch for amendments that took effect mid-period.
Sample appeal wording
To: [Issuing Authority / DPP] Re: FCN/Summons [NUMBER] The statutory provision pleaded is [CITED PROVISION]. At the date of the alleged offence ([DATE]), that provision had been [amended / replaced / not yet commenced] by the Road Traffic and Roads Act 2023, section [X]. The charge as pleaded does not correspond to the offence in force at the relevant date. The FCN/summons is defective. Under the Interpretation Act 2005, the version of the offence in force at the time of the alleged act must be specified. A defective particularisation is a procedural error capable of dismissal. Withdraw the FCN / Discontinue the summons. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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