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Warning to be given of intended prosecution

Cap. 230, s. 84 · Revised Edition 2020

(1) Where a person is prosecuted for an offence under any of the preceding sections relating respectively to the maximum speed at which motor vehicles may be driven, to reckless or dangerous driving, and to careless driving, he shall not be convicted unless either– (a) he was warned on the day the offence was committed that the question of prosecuting him for an offence under someone or other of the sections aforesaid would be taken into (b) within fourteen days of the commission of the offence a summons for the offence was served on him; or (c) within the said fourteen days a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served or sent by registered post to him or to the person registered as the owner of the vehicle at the time of the commission of the (2) Failure to comply with this requirement shall not be a bar to the conviction of the accused in any case where the court is satisfied that– (a) neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time for a summons to be served or for a notice to be served or sent as aforesaid; or (b) the accused by his own conduct contributed to the failure. 60 (3) The requirement of this section shall in every case be deemed to have been complied with unless and until the contrary is proved.
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