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The Road Accident Investigation Branch: Investigator's powers
Mr Don Foster
Tom Brake
NC11
To move the following Clause:—
'(1) For the purpose of conducting an investigation by virtue of section 4 an inspector of road accidents may, provided that he produces evidence of his identity if asked to do so—
| (a) | enter land (which may include a dwelling-house) which adjoins or abuts a public right of way; |
| (b) | with consent from a Chief Police Inspector, enter a vehicle which is on a public right of way; |
| (c) | enter land, premises or vehicles which do not fall within paragraph (a) or (b) if the inspector reasonably believes that it may contain evidence relating to an accident or incident; |
| (d) | in entering anything under paragraph (a), (b) or (c), be accompanied by one or more persons authorised by the Chief Inspector of Road Accidents for that purpose (whether generally or specifically); |
| (e) | in entering anything under paragraph (a), (b) or (c), make arrangements to have with him equipment or materials. |
(2) For the purpose of conducting an investigation by virtue of section [The Road Accident Investigation Branch: Investigations] an inspector of road accidents may—
| (a) | make a written, electronic, photographic or other record; |
| (b) | remove and retain samples; |
| (c) | arrange for anything to be removed and retained for the purpose of analysis or other examination or for the purpose of preserving evidence; |
| (d) | require access to a record or to recording equipment; |
| (e) | require a person to answer a question; |
| (f) | require a person to provide information; |
| (g) | require a person to disclose a record; |
| (h) | require a person to provide a copy of a record; |
| (i) | require disclosure of the result of an examination of a person, body or thing; |
| (j) | require a person to certify the truth, accuracy or authenticity of a statement made, of information or a document provided or of a record disclosed. |
(3) A person commits an offence if without reasonable excuse he—
| (a) | fails to comply with a requirement imposed by an inspector of road accidents for the purpose of an investigation by virtue of section [The Road Accident Investigation Branch: Investigations]; |
| (b) | makes a statement for the purpose of an investigation by virtue of section [The Road Accident Investigation Branch: Investigations] knowing or suspecting that the statement is inaccurate or misleading; |
| (c) | provides information or a record for the purpose of an investigation by virtue of section [The Road Accident Investigation Branch: Investigations] knowing or suspecting that the information or record is inaccurate or misleading; |
| (d) | obstructs an inspector of road accidents in the course of his conduct of an investigation by virtue of section [The Road Accident Investigation Branch: Investigations]; |
| (e) | obstructs a person accompanying an inspector of road accidents; or |
| (f) | obstructs a person exercising a power of an inspector by virtue of regulations under section 5(1). |
(4) A person who is guilty of an offence under subsection (3) shall be liable on summary conviction to—
| (a) | imprisonment for a term not exceeding 51 weeks; |
| (b) | a fine not exceeding level 5 on the standard scale; or |
(5) Subsection (6) applies where—
| (a) | the Road Accident Investigation Branch is conducting an investigation by virtue of section 4 in respect of an accident or incident; and |
| (b) | a question arises as to the desirability of action which any other person proposes to take for the purpose of investigating the accident or incident. |
(6) The question may be determined by—
| (a) | the Chief Inspector of Road Accidents; or |
| (b) | an inspector of road accidents acting on behalf of the Chief Inspector.'. |
The Road Accident Investigation Branch: Regulations
Mr Don Foster
Tom Brake
NC12
To move the following Clause:—
'(1) The Secretary of State may make regulations about the conduct of investigations by the Road Accident Investigation Branch; in particular, the regulations may—
| (a) | confer a function on the Chief Inspector of Road Accidents or on the Branch; |
| (b) | make provision about the way in which a function of the Chief Inspector or the Branch is to be performed; |
| (c) | permit or require the Chief Inspector to appoint a person to conduct or participate in an investigation; |
| (d) | provide for a power of an inspector to be exercisable by a person conducting or participating in an investigation by virtue of paragraph (c); |
| (e) | permit or require the Chief Inspector to request assistance from another person; |
| (f) | permit or require another person to assist the Chief Inspector. |
(2) The regulations may make provision about the preparation, form, content and publication of a report made by the Branch under section [The Road Accident Investigation Branch: Investigator's Powers]; in particular, the regulations may—
| (a) | require a report to address the question of what caused an accident or incident; |
| (b) | require or permit a report to make, or not to make, a recommendation; |
| (c) | require or permit the preparation and publication by the Branch of an interim report; |
| (d) | require the Branch to give an opportunity to a person interested in an investigation to comment on a draft report or draft interim report; |
| (e) | require the Branch to notify a person of the content of a report or interim report before publication; |
| (f) | require the Branch to give a copy of a report or interim report to a person; |
| (g) | make provision about the timing of publication. |
(3) A reference to a report by the Branch in section 4 includes a reference to an interim report permitted or required by virtue of subsection (2) above.
(4) The Secretary of State may make regulations about the use, disclosure and destruction of information acquired by the Branch; in particular, the regulations may—
| (a) | prohibit the disclosure of information in specified circumstances; |
| (b) | permit the disclosure of information in specified circumstances; |
| (c) | require the disclosure of information in specified circumstances; |
| (d) | make provision by reference to whether or not a person consents to a disclosure which relates to him; |
(5) Regulations under this section may—
| (a) | create an offence (but not an offence punishable by imprisonment); |
| (b) | confer a discretionary function; |
| (c) | confer jurisdiction on a court or tribunal.'. |
The Road Accident Investigation Branch: Requirement to investigate
Mr Don Foster
Tom Brake
NC13
To move the following Clause:—
'(1) The Chief Inspector of Road Accidents may direct that any road accident or road incident of a specified kind or which occurs in specified circumstances shall be investigated by each person who manages or controls, or participates in managing or controlling, all or any part of public rights of right—
| (a) | on which the accident or incident takes place, or |
| (b) | which is involved in the accident or incident. |
(2) A direction—
| (a) | shall specify the manner in which the investigation is to be conducted, and |
| (b) | may make provision for a case where more than one person would be required to conduct an investigation, whether by requiring a joint investigation or by requiring or enabling one or more persons to conduct an investigation on behalf of others. |
(3) A person to whom a direction under subsection (1) applies commits an offence if he fails to comply with it.
(4) A person guilty of an offence under subsection (3) shall be liable—
| (a) | on summary conviction, to a fine not exceeding the statutory maximum, or |
| (b) | on conviction on indictment, to a fine. |
(5) The Chief Inspector shall publish a direction issued by him under subsection (1) in a manner which he considers will bring it to the attention of each person who is likely to be required to comply with it.
(6) But in proceedings against a person for an offence under subsection (3) of failing to comply with a direction it shall not be necessary to prove that he was aware of the direction.
(7) A direction under subsection (1)—
| (a) | may make provision which applies generally or only in specified circumstances, |
| (b) | may make different provision for different cases or circumstances, and |
| (c) | may be varied or revoked by a further direction.'. |
The Road Accident Investigation Branch: accident regulations
Mr Don Foster
Tom Brake
NC14
To move the following Clause:—
'(1) The Secretary of State may make regulations in connection with the investigation of road accidents.
(2) The regulations may, in particular—
| (a) | require a person to notify the Road Accident Investigation Branch of a road accident and, |
| (b) | make provision about the timing, form and content of notice given by virtue of paragraph (a). |
(3) The regulations may, in particular, require a person to take or not to take specified action following an accident or incident—
| (a) | pending the commencement of an investigation, or |
| (b) | during the process of an investigation. |
(4) The regulations may—
| (a) | create an offence (but not an offence punishable by a term of imprisonment exceeding the maximum term which may be imposed by a magistrates' court in accordance with section 78 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6)); |
| (b) | confer a discretionary function; |
| (c) | confer jurisdiction on a court or tribunal.'. |
The Road Accident Investigation Branch: Crown application
Mr Don Foster
Tom Brake
NC15
To move the following Clause:—
'This Part applies in relation to property irrespective of whether it belongs to or is used for the purposes of the Crown or a Duchy.'.
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