PF v John Scrimgeour-Wedderburn 2019/u>Mr Wedderburn who appealed against his speeding conviction after driving 55mph in a 40mph zone has had his appeal refused after the appeal court did not agree with his argument that his notice of prosecution was invalid. The appeal made its way after the Justice of the Peace Court to the Sheriff Appeal Court and thereafter to the High Court of Justiciary in Edinburgh. The argument stemmed from that fact that the intention of prosecution in this road traffic matter was singed electronically by the chief constable who had retired by time this was served. This appellant argued that therefore this prosecution was not competent.
The appellant was served with the intention as per section 1 of the Road Traffic Act within the 14 days time frame but it was signed by the former chief Constable who no longer held this post. The Justice of the Peace court in Kirkcaldy and the Sheriff Appeal Court stated that it was ‘irrelevant’ who signed this and did not uphold the argument. The appellant’s argument was that this was important as it was a formal document served on the accused and it was not a trivial matter.