Prosecutor’s appeal against dismissal of charge of driving wth excess alcohol. Defendant in car park of supermarket, and no intention of driving. Citations: [2007] EWHC 1841 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(b) Jurisdiction: England and Wales Road Traffic Updated: 05 December 2022; Ref: scu.258813
Prosecutor’s appeal by way of case stated from a decision of the Birmingham Justices when they dismissed an information laid against the respondent under section 5(1)(b) Road Traffic Act 1988. Citations: [2004] EWHC 2811 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(b) Jurisdiction: England and Wales Road Traffic Updated: 10 June 2022; Ref: scu.220281
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
