Operational partnerships - Prosecution of minor traffic offences - TOR SOP (R02d)

R02d Prosecution of Minor Traffic Offences - TOR

1. Summary of Changes

1.1 This Standard Operating Procedure (SOP) has been reviewed in September 2023 – updates made to terminology and team names.

2. What this Procedure is About

2.1 This SOP provides guidance on the process to be followed when dealing with minor traffic offences detected and witnessed by police officers. The procedure is not intended to prevent police officers exercising appropriate discretion but provides guidance on subsequent process to be followed to achieve appropriate disposal.

Compliance with this SOP and any governing policy is mandatory.

3. Detail the Procedure

3.1 Kent Police no longer use officer issued fixed penalty tickets. The only exception to this is when the offence is a designated graduated offence or the offender does not have a satisfactory UK address. In these circumstances officers from the Roads Policing Department and certain divisional officers are authorised to issue a Graduated Fixed Penalty Notice or take a Roadside Deposit in accordance with policy R02f - Roadside Deposits.

3.2 When an officer identifies a minor traffic offence and considers that further action is appropriate the matter should be reported by way of an electronic Traffic Offence Report (TOR).

3.3 Officers have the discretion to deal with minor offences by way of advice. However all offences reported by way of a TOR will normally be disposed of in line with guidelines recommended by the National Police Chiefs Council (NPCC). Disposal options include diversionary course, fixed penalty or prosecution depending on the seriousness and recommended guidelines.

3.4 The electronic TOR is suitable for reporting all minor traffic offences. Alleged offenders are invited to provide an electronic signature to confirm they are aware of the allegation. This process should not normally be used to deal with offences arising from a collision.

3.5 The record should be completed with the driver, offence (s) and vehicle details. The officer should check the validity of all relevant driving documents. This should be carried out by Police National Computer (PNC) check. Officers should avoid issuing HORT1s as this introduces an unnecessary element of bureaucracy as confirmation of valid driving documents can normally be obtained through the PNC check.

3.6 The TOR contains appropriate wording for the alleged offender to be reported by using the standard wording of a Notice of Intended Prosecution and caution. This should be read verbally to the driver. There is also additional space for any reply to be noted. The driver should be invited to sign the record.

3.7 The record provides space for the reporting officer to record notes concerning the offence. This should be completed with sufficient detail to allow the officer to complete an MG11 later should the matter result in a contested court hearing. Officers should also bear in mind that a copy of the electronic record may be supplied to the offender and the court at a latter hearing.

3.8 Out of Court Disposals

3.8.1. The first option for certain traffic offences may be a diversionary course accredited by the National Driver Offender Retraining Scheme (NDORS). The force uses the full range of approved courses which are approved by the NPCC. These courses are as follows:

• Safe and Considerate Driving Course - An option available following minor collisions when the driving would not amount to dangerous driving.
• National Speed Awareness Course (NSAC) Applied in accordance with NPCC criteria.
• National Motorway Speed Awareness Course (NMSAC) for breaches of variable speeds on motorways.
• Belt for Life. This course provides an alternative to prosecution for those offenders detected failing to wear a seat belt when there is no statutory exemption. The course is completed either on-line or by way of a workbook.
• National Rider Risk Awareness Course (NRRAC). The NRRAC course is designed for motor-cyclists whose behaviour has brought them to the attention of the police following actions that could be described as thrill seeking, anti-social or careless.

3.9 Driving 4 Change (D4C)

3.9.1 Please see the Traffic Process Unit inSite page for further information (under attachments - diversion course driving change).

3.10. Whats Driving Us (WDU) is an option to deal with offences which do not involve a collision such as driving without due care and attention, control or consideration such as traffic light offences, tailgating or crossing a solid white line, pedestrian crossing offences.

3.10.1. Please see the Traffic Process Unit inSite page for further information (under Attachments - Diversion Course - What's Driving Us).

3.11. A full list of offences appropriate for diversionary courses is shown on the Traffic Process Unit Insite Pages.

3.12. The TOR process is outlined on the following flow charts:

• Traffic Offence Report - Police Officer Action
• Traffic Offence Report - Traffic Enforcement Team Action
• Traffic Offence Report - Traffic Case Review & Traffic Summons Team Action

3.13. Juvenile Offenders – The Traffic Offence Report remains an appropriate means of reporting offences involving juveniles. Fixed penalties may not be issued to a person under the age of 16 years and PACE must be complied with in respect of the involvement of an appropriate adult.

3.14 Those minor traffic offences which are not disposed of by either a diversionary course or fixed penalty will be considered by the Traffic Summons Team for court action. In most cases this can be achieved through the Single Justice Procedure (SJP). The case papers for an SJP case will normally be produced by a Traffic Case Review Officer without any action being needed by the reporting officer. This will comprise a summary of the evidence each witness can give together with a timeline of any relevant issues affecting the case, for example course not completed or fixed penalty not paid. This procedure will only require the production of a full case file in the event of a not guilty plea being entered by a defendant.

3.15 SJP is not appropriate for offences that involve victims, e.g. Road Traffic Collisions or offences for which ultimately a defendant could receive a term of imprisonment, however unlikely.

4. Equality Impact Assessment

4.1. An Equality Impact Assessment has been carried out and shows the proposals in this procedure would have no potential impact or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief, or sexual orientation.

5. Risk Assessment

5.1. This SOP has been assessed as low risk.

6. Consultation

• Head of Roads Policing
• Patrol Officer
• Finance
• Human Resources
• Health and Safety
• Freedom of Information
• Legal
• IT Security

7. Monitoring and Review

7.1. This SOP will be monitored and reviewed by the Head of the Traffic Process Unit.

7.2. The next review will take place in September 2025.

8. Security

8.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management Policy (Policy W1000 – Information Management).

9. Retention and Disposal of Records

9.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal Policy (Policy W1012 – Records Review, Retention and Disposal).