[Barrie Yates]

Not sure if the police have to witness use of a phone as the phone will have a record of a call being made/received at the time that the car was being driven. However, it is far more likely that if the police actually witness the event that there will be a successful prosecution.
Fines and points don't appear to be too much of a deterrent, which is why I voted for an outright ban, that way they are really hit and will not be able to cause an accident for 12 months at least - I am all for a hefty fine and double points as well.