Road Traffic Offenders Act 1988
In Scotland, it is the Crown Office and Procurator Fiscal Service (COPFS) which is responsible for the prosecution of crime.
Certain offences require prosecution, examples include:
You should be aware that this is statutory law and not common law. There exists in Scotland the common law crime of culpable and reckless conduct. Paragraph 14 of Schedule 3 to the Criminal Procedure (Scotland) Act 1995 allows:
(a)any act alleged in an indictment or complaint as contrary to any enactment is also criminal at common law; or
(b)where the facts proved under the indictment or complaint do not amount to a contravention of the enactment, but do amount to an offence at common law,
it shall be lawful to convict of the common law offence.
What this means is that even if you don't get the NIP within 14 days, but the offence can be seen as criminal at common law, then you could get charged under common law rather than statutory law. This is what happened in the case of Ronald Klos who was found doing 156mph in a 70mph zone.
The coverage as it appeared in the press can be found here
The court opinion on appeal is available here
The case makes for interesting reading and gives an insight into how the law can be made to work. The case was reported in the press and the various reports by the BBC can be found here