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Badkin v Director of Public Prosecutions: 1988

The defendant driver had provided two specimens of breath at the police station. The device used failed to provide a printout and the constable operating it decided that it could be unreliable. He required the defendant to provide a specimen of blood, which the defendant did. The part-specimen of blood retained by the police was … Continue reading Badkin v Director of Public Prosecutions: 1988

Crown Prosecution Service v Sedgemoor Justices: Admn 3 Jul 2007

Prosecutors appeal against refusal to accept evidence from academic toxicologist who was not an ‘authorised analyst’ of blood alcohol levels. Whether only ‘authorised analyst’ able to give evidence. Judges: Hughes LJ, Treacy J Citations: [2007] EWHC 1803 (Admin) Links: Bailii Statutes: Road Traffic Act 1988, 591) Jurisdiction: England and Wales Road Traffic Updated: 06 December … Continue reading Crown Prosecution Service v Sedgemoor Justices: Admn 3 Jul 2007

O’Sullivan v Director of Public Prosecutions: 27 Mar 2000

Where a motorist challenges the accuracy of the intoximeter, there is only an evidential burden on him. Citations: Unreported, 27 March 2000 Statutes: Road Traffic Act 1988 5 Jurisdiction: England and Wales Citing: See Also – O’Sullivan v Director of Public Prosecutions Admn 4-Nov-1998 The court considered and gave directions for the form of statement … Continue reading O’Sullivan v Director of Public Prosecutions: 27 Mar 2000

Director of Public Prosecutions v Tooze: Admn 24 Jul 2007

Prsoecutor’s appeal against dismissal of charge of driving with excess alcohol. The dfeendant was arrested only some time after he had been driving and after he had consumed further alcohol. Citations: [2007] EWHC 2186 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a), Road Traffic Offenders Act 1988 15 Jurisdiction: England and Wales Road Traffic … Continue reading Director of Public Prosecutions v Tooze: Admn 24 Jul 2007

Linse, Regina (on The Application of) v Chief Constable of North Wales Police: Admn 29 May 2020

Whether a certificate of motor insurance which may be avoided for non-disclosure is nevertheless a ‘valid’ certificate of insurance within the meaning of the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 Citations: [2020] EWHC 1288 (Admin) Links: Bailii Jurisdiction: England and Wales Road Traffic Updated: 04 December 2022; Ref: … Continue reading Linse, Regina (on The Application of) v Chief Constable of North Wales Police: Admn 29 May 2020

Robinson v Adair: QBD 2 Mar 1995

The Truro Crown Court had allowed Mr Adair’s appeal against his conviction for obstructing a highway. The prosecutor appealed. Held: It had to be decided whether a particular road had become by presumed dedication a public highway. The use relied on constituted an offence under section 34(1) of the 1988 Act. A claim of long … Continue reading Robinson v Adair: QBD 2 Mar 1995

Mohindra v Director of Public Prosecutions; Browne v The Chief Constable Of Greater Manchester: Admn 15 Mar 2004

The defendants had been required to provide information leading to the identification of the driver. In one case the defendant was the registered keepr, and in the second not. Held: the obligations differed according to whether it was addressed to the registered keeper. In the one case to gave the information, and under the second, … Continue reading Mohindra v Director of Public Prosecutions; Browne v The Chief Constable Of Greater Manchester: Admn 15 Mar 2004

Nembhard v Director of Public Prosecutions: Admn 21 Jan 2009

The defendant appealed against his conviction for failing to produce his driving documents, saying that the local police had stopped some 55 times in the previous 12 months, and that the request was improper and an abuse. Held: ‘An officer can only require a driver to produce his licence if the requirement is for the … Continue reading Nembhard v Director of Public Prosecutions: Admn 21 Jan 2009

Richardson v Director of Public Prosecutions: Admn 20 Feb 2003

The defendant appealed against his conviction for driving with excess alcohol, saying that the device used to make the measurement did not have type approval. Held: The appeal failed. Stanley Burnton J considered the issue of type approval of a breath analysis device and said that a device may not be an approved device because … Continue reading Richardson v Director of Public Prosecutions: Admn 20 Feb 2003

Dunmill, Regina (On the Application of) v Director Of Public Prosecutions: Admn 5 Jul 2004

The defendant appealed his conviction for driving with excess alcohol. He had driven his car within a camping site at Hayling Island. He might have been charged with driving on a road or other public place, but was charged with driving on a road. It was too late on appeal to widen the wording. The … Continue reading Dunmill, Regina (On the Application of) v Director Of Public Prosecutions: Admn 5 Jul 2004

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Drummond v Regina: CACD 7 Mar 2002

The appellant had been convicted of causing death by careless driving with excess alcohol. He said that he had taken alcohol after stopping driving but before being tested. He challenged the weight of the burden of proof ascribed by the statute. The judge had directed the jury that he faced a persuasive burden of establishing … Continue reading Drummond v Regina: CACD 7 Mar 2002

Director of Public Prosecutions v Grundy: Admn 3 May 2006

The prosecution appealed by way of case stated from the acquittal of the defendant for failing to provide a specimen of breath. She had been distressed on being arrested, and the magistrates concluded that her distress had been the cause of her failing to provide the specimen at the police station. They certified a question … Continue reading Director of Public Prosecutions v Grundy: Admn 3 May 2006

Farnell, Regina v: CACD 12 Aug 2022

Judges: Lord Justice Warby Mrs Justice O’Farrell DBE Mrs Justice Cutts DBE Citations: [2022] EWCA Crim 1295 Links: Bailii Statutes: Road Traffic Act 1988 2 Jurisdiction: England and Wales Criminal Sentencing Updated: 13 November 2022; Ref: scu.682441

Oladimeji v Director of Public Prosecutions: Admn 11 May 2006

The defendant appealed his conviction for failing to provide a specimen of breath without reasonable excuse. The magistrates rejected the defendant’s statement that he had had difficulty providing the breath specimen at the roadside, that he faced similar difficulty in the station, and that he had asthma and was under treatment with anti-biotics. Held: The … Continue reading Oladimeji v Director of Public Prosecutions: Admn 11 May 2006

Regina v P and others: HL 19 Dec 2000

Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000

Churchill Insurance Company Ltd v Fitzgerald and Wilkinson and Others: CA 24 Aug 2012

The court was asked whether, if the insured owner of a vehicle permits another, uninsured, to drive the car, carrying the owner, and through his negligence causes and accident in which the owner is injured, the insurer is bound to meet the owner’s claim by virtue of the 1988 Act. Judges: Maurice Kay VP, Etherton, … Continue reading Churchill Insurance Company Ltd v Fitzgerald and Wilkinson and Others: CA 24 Aug 2012

John Kimball Stewart v Director of Public Prosecutions: Admn 2 Jun 2003

The defendant gave two specimens of breath, but they differed so markedly that the officer considered them unreliable. He offered the defendant the choice of a further two attempts or to give a specimen of blood or urine. He was convicted on the second set of breath tests. He appealed, saying he should not have … Continue reading John Kimball Stewart v Director of Public Prosecutions: Admn 2 Jun 2003

Secretary of State for Transport, Local Government and the Regions v Snowdon: Admn 4 Nov 2002

The Secretary of State appealed a finding that the applicant was a fit and proper person to hold a licence to drive a passenger carrying vehicle, despite his conviction for two offences of indecent assault on a girl under 15, and his name being entered on the sex offenders’ register. Held: There was no provision … Continue reading Secretary of State for Transport, Local Government and the Regions v Snowdon: Admn 4 Nov 2002

Cutter v Eagle Star Insurance Company Limited: CA 22 Nov 1996

The concept of a ‘Road’ under the Act includes areas of a public car park marked out for the use of vehicles. Citations: Times 03-Dec-1996, [1996] EWCA Civ 1029, [1997] 1 WLR 1082, [1998] RTR 309 Links: Bailii Statutes: Road Traffic Act 1988 192 Jurisdiction: England and Wales Cited by: Appeal from – Clarke v … Continue reading Cutter v Eagle Star Insurance Company Limited: CA 22 Nov 1996

O’Sullivan v Director of Public Prosecutions: Admn 25 Feb 2005

After routine procedures were followed at the police station, the police took a specimen of breath over two hours after those used for analysis to see if the defendant was then fit to leave. It showed a reading consistent with the analysis of the earlier sample. Several weeks after the arrest the machine had been … Continue reading O’Sullivan v Director of Public Prosecutions: Admn 25 Feb 2005

Leong, Regina (on the Application of) v Director of Public Prosecutions: Admn 12 Jun 2006

Appeal against conviction for driving with excess alcohol – officer reading out contents of the print-out when it had not been served on the defendant. Judges: Silber J Citations: [2006] EWHC 1575 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 27 October 2022; Ref: scu.242954

Regina v Lauder: CACD 27 Oct 1998

A defendant who had been convicted of manslaughter by using a motor vehicle or causing death by dangerous driving, or dangerous driving, must be required to take an extended driving test before his licence is returned. Courts have no discretion not to require a test. Citations: Times 05-Nov-1998, Gazette 25-Nov-1998, [1998] EWCA Crim 3037 Links: … Continue reading Regina v Lauder: CACD 27 Oct 1998

Crown Prosecution Service v Chalupa: Admn 30 Oct 2009

Judges: Lord Justice Elias Mr Justice Openshaw Citations: [2009] EWHC 3082 (Admin), (2010) 174 JP 111 Links: Bailii Statutes: Road Traffic Offenders Act 1988 7(6) Jurisdiction: England and Wales Road Traffic Updated: 25 October 2022; Ref: scu.381667

Meeking, Regina v: CACD 29 Feb 2012

The defendant passenger pulled on the handbrake at speed and caused a crash which her husband, the driver could not prevent. She was charged with manslaughter. Judges: Toulson LJ, Kenneth Parker J, Barker QC J Common Serjeant Citations: [2012] EWCA Crim 641, [2012] 1 WLR 3349, [2013] RTR 4, [2012] WLR(D) 60 Links: Bailii Statutes: … Continue reading Meeking, Regina v: CACD 29 Feb 2012

Essen v Director of Public Prosecutions: Admn 12 May 2005

Citations: [2005] EWHC 1077 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 4(1) 3 Jurisdiction: England and Wales Cited by: Cited – Stavrinou, Regina (on the Application Of) v Horseferry Road Justices Admn 22-Feb-2006 The claimant asked for judicial review of a decision to adjourn the case against him on a charge of driving with … Continue reading Essen v Director of Public Prosecutions: Admn 12 May 2005

Fearnley v Director of Public Prosecutions: Admn 10 Jun 2005

The defendant appealed his conviction for driving with excess alcohol. He said that the machine used to measure his breath alcohol was not of the type approved by the Secretary of State. Held: There was a presumption that the Intoximeter used was type approved. The defendant had brought no evidence to suggest otherwise. The magistrates … Continue reading Fearnley v Director of Public Prosecutions: Admn 10 Jun 2005

Hitchen, Regina (on The Application of) v Oxford Magistrates Court: Admn 19 Jan 2015

The claimant a 78 year old lady had crashed. Her appeal from revocation of her drivers licence was refused and she appealed. Held: The magistrates had not taken proper account of the drivers medical evidence. The decision was perverse and to be set aside. Citations: [2015] EWHC 271 (Admin) Links: Bailii Statutes: Road Traffic Act … Continue reading Hitchen, Regina (on The Application of) v Oxford Magistrates Court: Admn 19 Jan 2015

Director of Public Prosecutions v Conroy: Admn 23 Jun 2003

The DPP appealed a finding of special reasons for not disqualifying the defendant after finding him guilty of driving with excess alcohol. He had been stopped driving at excess speed, he had driven over a mile and had a further two hundred yards to drive, and had driven through the centre of Congleton. He pointed … Continue reading Director of Public Prosecutions v Conroy: Admn 23 Jun 2003

Galandauer v Snaresbrook Crown Court: Admn 27 Jun 2006

The defendant, having succeeded at the crown court in reducing his ban for driving offences, now appealed a small order for costs in his favour. Held: He was entitled to the just and reasonable costs of making the appeal. The award of andpound;150 instead of andpound;650 without giving reasons was wrong. No solicitor whether in … Continue reading Galandauer v Snaresbrook Crown Court: Admn 27 Jun 2006

Director of Public Prosecutions v Walsall Magistrates’ Court and Another: Admn 5 Dec 2019

Two applications for judicial review, arising out of prosecutions for driving with a breath alcohol level in excess of the statutory limit, contrary to section 5(1) of the Road Traffic Act 1988 (‘the RTA’). In both cases, following the service of a defence statement, the District Judge allowed a defence application for disclosure pursuant to … Continue reading Director of Public Prosecutions v Walsall Magistrates’ Court and Another: Admn 5 Dec 2019

Butler v Director of Public Prosecutions: CACD 20 Dec 2000

Where an officer was told in the police station of a medical reason why the suspect should not provide a sample of blood, and had had to suspend the procedure, the officer should ensure that the same information should be provided to the hospital. The defendant asserted that he suffered from ‘immune system breakdown’. The … Continue reading Butler v Director of Public Prosecutions: CACD 20 Dec 2000

Scheiner v Director of Public Prosecutions: Admn 13 Jun 2006

Appeal against conviction for driving with excess alcohol – officer having mobile phone with him and turned on contrary to manufacturer’s instructions. Held: The appeal failed. ‘This appeal should, in my view, mark the end of arguments before Magistrates’ Courts and Crown Courts that, merely because a mobile telephone or police radio was — still … Continue reading Scheiner v Director of Public Prosecutions: Admn 13 Jun 2006

Killick v West London Magistrates’ Court: Admn 6 Dec 2012

The claimant applied for an order quashing his convictions at the West London Magistrates’ Court for two offences: plying for hire without a licence contrary to section 7 of the Metropolitan Public Carriage Act 1869; and using a motor vehicle without third party insurance contrary to section 143 of the Road Traffic Act 1988 and … Continue reading Killick v West London Magistrates’ Court: Admn 6 Dec 2012

Hussain v the Director of Public Prosecutions: Admn 19 Mar 2008

Appeal by case stated – conviction for failing to provide specimen of breath. Machine at one station had failed on two occasions – defendant taken to second station and re-tested. Whether third test request lawful. Held: In completing the first two tests the defendant had not satisfied the statutory requirements, and ‘where no valid specimens … Continue reading Hussain v the Director of Public Prosecutions: Admn 19 Mar 2008

Purnell, Regina (on The Application of) v Snaresbrook Crown Court: Admn 30 Mar 2011

The claimant sought judicial review of a dismissal of his appeal against conviction for failing to provide information as to the identity of a driver. The appeal court had found that he had not received the notices requiring him to provide the information, and he said that the court had refused to listen to evidence … Continue reading Purnell, Regina (on The Application of) v Snaresbrook Crown Court: Admn 30 Mar 2011

Atkinson v The Director of Public Prosecutions: Admn 10 Mar 2011

Appeal by way of case stated from conviction for an offence of failing to provide a specimen of breath without reasonable excuse, contrary to section 7(6) of the Road Traffic Act 1988. Judges: Collins J Citations: [2011] EWHC 706 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Jurisdiction: England and Wales Road Traffic Updated: … Continue reading Atkinson v The Director of Public Prosecutions: Admn 10 Mar 2011

Attorney General’s Reference No 26 of 1999 Under Section 36 of Criminal Justice Act 1988; Regina v Gastinger: CACD 29 Jul 1999

The AG sought to refer to the court as unduly lenient a sentence of 100 hours community service for causing death by dangerous driving. The had been seen driving erratically along the M6, when he veered onto the hard shoulder colliding with an unlit vehicle, killing the driver. Held: Falling asleep at the wheel usually … Continue reading Attorney General’s Reference No 26 of 1999 Under Section 36 of Criminal Justice Act 1988; Regina v Gastinger: CACD 29 Jul 1999

Bingham, Regina (on the Application of) v Director of Public Prosecutions: Admn 7 Feb 2003

The defendant appealed by case stated against a conviction for driving a lorry without due care and attention, leading to the death of another road user. There had been an unexplained swing of the rear of his trailer out into the path of the other vehicle. Held: It was plainly open to the magistrates to … Continue reading Bingham, Regina (on the Application of) v Director of Public Prosecutions: Admn 7 Feb 2003

Coe, Regina v: CACD 14 Jul 2009

The defendant appealed against his conviction for causing death by dangerous driving and failing to provide a specimen of breath. Citations: [2009] EWCA Crim 1452 Links: Bailii Statutes: Road Traffic Act 1988 3A(1) Jurisdiction: England and Wales Crime, Road Traffic Updated: 26 August 2022; Ref: scu.347706

Beckett, Regina (on The Application of) v Aylesbury Crown Court: Admn 22 Jan 2004

The applicant had unsuccessfully appealed against his conviction for driving with excess alcohol. He had been stopped randomly to check his documents and the road worthiness of the older car. Held: The appeal failed. May LJ said: ‘Whether it be under section 163 of the Road Traffic Act 1988, or under a duty at common … Continue reading Beckett, Regina (on The Application of) v Aylesbury Crown Court: Admn 22 Jan 2004

Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010

The various insured defendants had been driven in the insured vehicles by a non-insured driver. Suffering injury at the negligence of the driver, they recovered variously damages. Their insurance companies sought recovery of the sums paid from their respective insureds under the policy terms, section 151 and under European law. Appeals and cross appeals were … Continue reading Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010

Director of Public Prosecutions v Wood: QBD 19 Jan 2006

Issues relating to disclosure obligations and the stay of proceedings as an abuse of process. Both relate to the disclosure of material concerning Intoximeters used for testing alcohol on the breath. Citations: [2005] EWHC 2986 (QB) Links: Bailii Statutes: Road Traffic Act 1988 11(2) Jurisdiction: England and Wales Criminal Practice, Road Traffic Updated: 16 August … Continue reading Director of Public Prosecutions v Wood: QBD 19 Jan 2006

A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

Gabriel Mckeon v Director of Public Prosecutions: Admn 19 Dec 2007

The defendant appealed his conviction for failing to give a specimen of breath saying that he had had no more breath to give. The machine had required the mouthpiece to be retained for inspection, but the officer had disposed of it. In formulating their case, the justices stated that the defendant had failed to prove … Continue reading Gabriel Mckeon v Director of Public Prosecutions: Admn 19 Dec 2007

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

A v British Broadcasting Corporation (Scotland): SC 8 May 2014

Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014

Gidden v Chief Constable of Humberside: Admn 29 Oct 2009

The driver appealed against his conviction for speeding, saying that he had not been given the requisite notice within the 14 days required: ‘The notice of intended prosecution had been sent to him by first class ordinary post in circumstances where he would ordinarily have been expected to receive it in 14 days, but in … Continue reading Gidden v Chief Constable of Humberside: Admn 29 Oct 2009

Robbie the Pict, Regina (On the Application of) v Crown Prosecution Service: Admn 24 Apr 2009

The defendant appealed against a conviction that he had driven a vehicle through a red light contrary to the provisions of section 36(1) of the Road Traffic Act 1988 and related regulations. He said that the Gatsometer device was not an approved device as required, saying that the 1991 Act required any such approval to … Continue reading Robbie the Pict, Regina (On the Application of) v Crown Prosecution Service: Admn 24 Apr 2009

Cameron v Liverpool Victoria Insurance Co Ltd: SC 20 Feb 2019

The Court was asked in what circumstances is it permissible to sue an unnamed defendant? The respondent was injured when her car collided with another. The care was insured but by a driver giving a false name. The car owner refused to identify him. The insurers now appealed against Held: The appeal succeeded. It is … Continue reading Cameron v Liverpool Victoria Insurance Co Ltd: SC 20 Feb 2019

Morris v Director of Public Prosecutions: Admn 14 Nov 2008

Appeal from conviction for driving with excess alcohol. The driver complained that the police had destroyed CCTV evidence of the administration of the statutory warning on his being tested. The appeal failed. The defendant had given no indication that he might wish to challenge the warning. Citations: [2008] EWHC 2788 (Admin), (2009) 173 JP 41 … Continue reading Morris v Director of Public Prosecutions: Admn 14 Nov 2008

Logan and Another v Procurator Fiscal: HCJ 2 Jul 2008

The appellant challenged sentences for driving whilst disqualified. The defendant questioned the extent of the legislative competence of the Scottish Parliament under judicial scrutiny on grounds other than compliance with Convention rights. Judges: Lord Nimmo Smith Citations: [2008] ScotHC HCJAC – 61, 2009 SCL 83, 2008 SCCR 815, 2008 GWD 35-535, [2008] HCJAC 61, 2008 … Continue reading Logan and Another v Procurator Fiscal: HCJ 2 Jul 2008

Walden, Regina (on the Application of) v Highbury Corner Magistrates’ Court: Admn 19 Mar 2003

The defendant appealed a decision of the magistrates to adjourn his trial for a breathaliser offence when the Crown Prosecution Service had not warned officers to attend to give evidence. On this application, the CPS filed an acknowledgment, did not attend the hearing or seek to justify its failure to warn the police officers. No … Continue reading Walden, Regina (on the Application of) v Highbury Corner Magistrates’ Court: Admn 19 Mar 2003

Malcolm v Director of Public Prosecutions: QBD 27 Feb 2007

Appeal by way of case stated from a decision convicting the Appellant of the offence of driving a motor vehicle on a road when the proportion of alcohol in her breath exceeded the prescribed limit, contrary to section 5(1)(a) of the Road Traffic Act 1988 – whether the magistrates, who had retired to consider their … Continue reading Malcolm v Director of Public Prosecutions: QBD 27 Feb 2007

Breckon v Director of Public Prosecutions: Admn 22 Aug 2007

The defendant appealed against his conviction for driving with excess alcohol. Held: There was no requirement that the prosecutor should produce the results of the roadside breath test in evidence, and the breathalyser was of the approved type. The appeal failed. Reliance had been placed on the fact that the guide to type approval relating … Continue reading Breckon v Director of Public Prosecutions: Admn 22 Aug 2007

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

Currie, Regina v: CACD 26 Apr 2007

The defendant appealed his conviction for dangerous driving. The failure of the police to serve him with a notice of intended prosecution invalidated the conviction. The police replied that there was no need for such a notice because there had been an accident. The driver had been stopped but had then driven off. A police … Continue reading Currie, Regina v: CACD 26 Apr 2007

Paul and others v Deputy Coroner of the Queen’s Household and Another: Admn 2 Mar 2007

The applicants sought judicial review of preliminary directions given for the intended inquest on the deaths of Diana Princess of Wales and of Dodi Al Fayed. It was submitted that the jurisdiction had been wrongly transferred to the Queen’s Coroner under section 14. Held: under the 1988 Act, the Coroner for the Queen’s household was … Continue reading Paul and others v Deputy Coroner of the Queen’s Household and Another: Admn 2 Mar 2007

McManus, Regina v: CANI 19 Oct 2006

A-G’s appeal against sentence of 15 months Custody Probation following the defendant’s conviction for causing death by careless driving having consumed excess alcohol. Judges: Nicholson LJ. Campbell LJ and Coghlin J Citations: [2006] NICA 39 Links: Bailii Statutes: Criminal Justice Act 1988, Road Traffic (Northern Ireland) Order 1995 14(1)(b) Northern Ireland, Criminal Sentencing Updated: 08 … Continue reading McManus, Regina v: CANI 19 Oct 2006

Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006

The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no forewarning, the defence requested the prosecution to prove service of the certificate of analysis. … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006

Murphy v Director of Public Prosecutions: Admn 20 Jun 2006

The court rejected the defendant’s argument that the prosecutor should have put in evidence the results of the roadside breath test. Mitting J referred to the case of Badkin: ‘But nothing in the judgment of Glidewell LJ leads to the conclusion that in every case the prosecution must obtain from the manufacturers an analysis of … Continue reading Murphy v Director of Public Prosecutions: Admn 20 Jun 2006

A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004

The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004

Director of Public Prosecutions v Meakin: Admn 4 May 2006

Appeal against stay of prosecution as abuse of process. Held: The appeal failed. Openshaw J said: ‘The concept of a fair trial involves fairness to the prosecution and to the public as well as to the defendant.’ Judges: Scott Baker LJ, Openshaw J Citations: [2006] EWHC 1067 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 … Continue reading Director of Public Prosecutions v Meakin: Admn 4 May 2006