Clause 2

Part of Road Safety Bill – in a Public Bill Committee at 2:30 pm on 20th January 2005.

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Photo of Mr David Jamieson Mr David Jamieson Parliamentary Under-Secretary, Department for Transport 2:30 pm, 20th January 2005

I was about to come to that point, as the hon. Gentleman had raised the issue.

I am afraid that that has always been the case; the Bill does not change it. The magistrates can choose to operate at another level. I am told that if somebody came before the court with a fixed penalty, the court could, having heard some evidence, in certain circumstances decide to dismiss the case—in other words, effectively find the person not guilty. If that were the case, no penalty would be incurred. I am not a lawyer, but, as I understand it, that course of action is at the court's disposal.