Road Traffic Offenders Act 1988
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Change 1
83 Powers of court in cases of deception.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) This section ... applies where— (a) particulars are endorsed on a person's driving record under section 57A of this Act because the fixed penalty clerk or the Secretary of State is deceived as to whether endorsement under that section is excluded by section 61A(2) of this Act by virtue of the fact that the person to whom the fixed penalty notice was given would be liable to be disqualified under section 35 of this Act if he were convicted of the offence, or (b) particulars are endorsed on a person's driving record under section 77A of this Act because the appropriate person or court is deceived as to whether proceedings against the person are excluded by section 76 of this Act by virtue of the fact that the person to whom the conditional offer is issued would be liable to be disqualified under section 35 of this Act if he were convicted of the offence. (2) If— (a) the deception constituted or was due to an offence committed by the person to whom the fixed penalty notice was given or conditional offer was issued , and (b) he is convicted of that offence, the court by or before which he is convicted shall have the same powers and duties as it would have had if he had also been convicted by or before it of the offence of which particulars were endorsed under section ... 57A or, as the case may be, ... 77A of this Act.
83 Powers of court in cases of deception.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) This section ... applies where— (a) particulars are endorsed on a person's driving record under section 57A of this Act because the fixed penalty clerk or the Secretary of State is deceived as to whether endorsement under that section is excluded by section 61A(2) of this Act by virtue of the fact that the person to whom the fixed penalty notice was given would be liable to be disqualified under section 35 of this Act if he were convicted of the offence, or (b) particulars are endorsed on a person's driving record under section 77A of this Act because the appropriate person or court is deceived as to whether proceedings against the person are excluded by section 76 of this Act by virtue of the fact that the person to whom the conditional offer is issued would be liable to be disqualified under section 35 of this Act if he were convicted of the offence. (2) If— (a) the deception constituted or was due to an offence committed by the person to whom the fixed penalty notice was given or conditional offer was issued , and (b) he is convicted of that offence, the court by or before which he is convicted shall have the same powers and duties as it would have had if he had also been convicted by or before it of the offence of which particulars were endorsed under section ... 57A or, as the case may be, ... 77A of this Act.
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