Can a warning notice (under seizure of vehicle provisions) be issued as well as proceeding with charges for separate Road Traffic offences?
A. It is possible to charge someone with separate Road Traffic offences as well as issuing a seizure of vehicle warning notice in respect of s.126 of the ASB Act 2004, providing the relevant conditions have been met (contravention of s.3 or s.34 of the Road Traffic Act and the vehicle being used in an anti social manner). The powers under the ASB Act enable the police to deal more immediately and effectively with nuisance and distress caused. Paragraph 5 of the Guidance on Seizure of Vehicles states that the ‘powers contained within the ASB Act are not intended to be used as a first resort or isolation’. Ultimately it is what is reasonable in the circumstances, and it would be up to the officer involved whether they feel a warning notice for seizure is merited as well as charges for other offences. Furthermore, it may be that charges relating to other Road Traffic offences are passed to the PF but they may not necessarily be pursued and therefore at least a warning is in place or their
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