James Brown v. Procurator Fiscal Aberdeen

Appellant who was the named driver of the vehicle in questioin had been required in terms of section 172 of the Road Traffic Act 1988 to name the driver of the vehicle at the time of the offence. The appellant replied but only to the effect that the police were wasting his time. This appeal concerns whether where a police officer has required someone to identify the driver of a vehicle and has had a refusal the correct procedure is to explain to that person that a failure to answer is an offence and thereafter to put the question again.