Question reference: S5W-27833
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
- Date lodged: 10 March 2020
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Current status: Answered by James Wolffe QC on 13 March 2020
Question
To ask the Scottish Government what consideration it has given to introducing driver awareness courses as an alternative to penalty points for motoring offences at the lower end of culpability.
Answer
The decision to divert any case from prosecution is a matter for the relevant public prosecutor. In relation to certain road traffic offences Procurators Fiscal have discretion to refer an individual to the National Driver Alertness Course (NDAC) or the Rider Intervention Development Experience (RIDE) as a means of addressing the underlying causes of alleged road traffic offending when this is deemed the most appropriate course of action.
The NDAC and RIDE schemes are intensive, single day courses, paid for by the offender. The course addresses the reasons for the offender’s road traffic offending behaviour and if successfully completed the offender will not be prosecuted for that specific incident of offending. If the offender fails to complete the course, the Procurator Fiscal can consider raising criminal proceedings against the offender.
The Crown Office and Procurator Fiscal Service (COPFS) are currently engaged with Criminal Justice partners including Transport Scotland, the Police Service of Scotland and the Scottish Courts and Tribunal Service to explore the introduction of further diversionary driving courses, including a Speed Awareness Course, as an alternative to prosecution.