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Red Herring · 23-07-11, 07:27 AM

Sect 59 is not an alternative to prosecution, it is a preventative power given to the police to stop an offence continuing. On the first instance the officer may well use his discretion and not report you for the offence, but still issue a warning (Sect 59), on the second offence they are then able to evoke Sect 59 and seize the vehicle, and almost certainly prosecute you for the offence that led to it. The significant point here is that there has to be a first offence for them to issue the warning, and this is what you can challenge. If the officer cannot show there was an offence (and incidentally that it also caused alarm, harrassment, distress to another) then they cannot issue a Sect 59 warning and it should be withdrawn.

23-07-11, 07:27 AM	#38
Red Herring Member Mega Poster Join Date: Dec 2007 Posts: 2,708	Re: Got Pulled Over :/ Sect 59 is not an alternative to prosecution, it is a preventative power given to the police to stop an offence continuing. On the first instance the officer may well use his discretion and not report you for the offence, but still issue a warning (Sect 59), on the second offence they are then able to evoke Sect 59 and seize the vehicle, and almost certainly prosecute you for the offence that led to it. The significant point here is that there has to be a first offence for them to issue the warning, and this is what you can challenge. If the officer cannot show there was an offence (and incidentally that it also caused alarm, harrassment, distress to another) then they cannot issue a Sect 59 warning and it should be withdrawn.