§ Mr. Iain Millsasked the Solicitor-General for Scotland if he will list the traffic offences where the power of summary arrest can be applied in certain circumstances.
The Solicitor-General for ScotlandThe main provisions of the Road Traffic Act 1972 providing for arrest without warrant are sections 5, 8, 19, 100, 164 and 175 and these apply throughout England, Wales and Scotland.
Warrants to arrest in respect of road traffic offences are granted by courts in summary cases sometimes because the nature of the offence justifies it, but more usually where the whereabouts of the accused are not known. In such cases, the complaint is laid before the judge who, on the motion of the prosecutor, may grant a warrant to arrest the accused if this appears justified.
If an accused fails to appear at any date for hearing in a summary case of which he has received due notice, the judge may grant a warrant for the arrest of the accused in respect of his non-appearance. Any such warrant must be enforced without undue delay.