Get all your news in one place.
100’s of premium titles.
One app.
Start reading
Edinburgh Live
Edinburgh Live
National
Norman Silvester

The loophole which allowed drivers to get off with speeding charges and why it is no longer a thing

The controversial legal loophole which allowed some drivers to get off with speeding charges is now no longer a thing.

Scotland's top judge, Lord Carloway, has closed a loophole which saw motorists claim official Police Scotland documents were invalid because they carried the signature of the wrong chief constable. Letters had Chief Constable Phil Gormley's name at the bottom rather than his successor Iain Livingstone.

The Daily Record reports that the judge ruled the notices of intended prosecution were still lawful, thereby giving prosecutors the go-ahead to take action against drivers issued with them last year.

It was previously reported that charges were dropped against some drivers for speeding, and other driving offences, because of the name blunder.

Lord Carloway, and two other judges sitting in Edinburgh, dismissed a long-running appeal by businessman John Scrymgeour-Wedderburn who was caught travelling at 55mph in a 40mph zone in Glenrothes in 2018.

Lord Carloway said: "The letter concluded with an electronic signature of a person who was not then the chief constable. This was an error but it was not one which affected the validity of the notice. It is not a requirement that the chief constable or even an officer of a senior rank be involved."

Join our Traffic Facebook group to get up-to-the-minute traffic news from across Edinburgh and the Lothians:  Edinburgh Traffic

To receive one WhatsApp message a day with Edinburgh Live's headlines, as well as breaking news alerts, text NEWS to 07899067815. Then add the number to your contacts as 'Edinburgh Live'.

For more stories from across the Edinburgh area like our Facebook page, or follow us on Twitter and  Instagram. You can also subscribe to our newsletter: enter your email in the blue box at the top of this article.

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.