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Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997

A driver was arrested for driving with excess alcohol. At the police station, he was to be tested with the Lion Intoximeter. The officer tested the machine and it calibrated correctly. This was at about a quarter after midnight; the sergeant’s watch said 00.13 am, but the time display on the machine read 23:00. Part … Continue reading Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997

Parker v Director of Public Prosecutions: Admn 7 Dec 2000

The irrebuttable presumption contained in the Act that the level of alcohol contained in the accused’s blood at the time when he was stopped was no less than the level measured later that the police station, was not incompatible with the defendant’s right to a fair trial. It lay ill in the mouth of a … Continue reading Parker v Director of Public Prosecutions: Admn 7 Dec 2000

Director of Public Prosecutions v Orchard: Admn 17 Oct 2000

The prosecution appealed a finding of no case to answer against a defendant accused of driving with excess alcohol. On being offered a choice of blood or urine test, he had asked ‘What is the quickest way out of here’ which the officer recorded as declining to accept the offer. The magistrates had relied upon … Continue reading Director of Public Prosecutions v Orchard: Admn 17 Oct 2000

Murray v The United Kingdom: ECHR 27 Mar 2008

The claimant complained that he had been obliged to provide evidence to allow his prosecution to go ahead. He had been caught by a speed camera driving over the speed limit and been required to confirm the identity of the driver or face a heavier penalty. Judges: Lech Garlicki, President Citations: 36344/05, [2008] ECHR 369 … Continue reading Murray v The United Kingdom: ECHR 27 Mar 2008

Director of Public Prosecutions v Coyle: QBD 17 Jul 1995

There was no need for a police officer to warn the defendant of the three minute cycle for the Intoximeter after a test. A failure to warn a motorist of the machine time limit was not good reason for a driver to refuse to give a specimen. Citations: Ind Summary 17-Jul-1995, Times 20-Jul-1995 Statutes: Road … Continue reading Director of Public Prosecutions v Coyle: QBD 17 Jul 1995

Smith v Director of Public Prosecutions: Admn 30 Jan 2007

The defendant appealed his conviction for driving with excess alcohol, arguing that the prosecution had failed to provide the roadside breath test figures. Held: The appeal failed, and was indeed hopeless. Pill LJ said: ‘The specimens of breath which established whether or not a defendant has committed an offence under section 5(1) of the 1988 … Continue reading Smith v Director of Public Prosecutions: Admn 30 Jan 2007

Mayon v Director of Public Prosecutions: 1988

In the absence of evidence of calibration of an Intoximeter either before or after the second specimen was produced, there had been a failure to prove the precondition that the machine was working satisfactorily. Citations: [1988] RTR 281 Jurisdiction: England and Wales Cited by: Cited – Sneyd v Director of Public Prosecutions Admn 24-Feb-2006 The … Continue reading Mayon v Director of Public Prosecutions: 1988

Director of Public Prosecutions v Manchester and Salford Magistrates’ Court: Admn 7 Jul 2017

Prosecutions brought against motorists in unconnected circumstances for driving a motor vehicle on a road or other public place after consuming so much alcohol that the proportion if it in their respective breath exceeded the prescribed limit, contrary to s. 5 of the Road Traffic Act 1988. The same defence solicitors have appeared and, in … Continue reading Director of Public Prosecutions v Manchester and Salford Magistrates’ Court: Admn 7 Jul 2017

Magee v Crown Prosecution Service: Admn 7 Oct 2014

Judges: Lord Justice Elias Mr Justice Hickinbottom Citations: [2014] EWHC 4089 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 170(4) 171 1(b)(i) Jurisdiction: England and Wales Road Traffic Updated: 23 April 2022; Ref: scu.542536

Director of Public Prosecutions v Potts: QBD 4 Dec 1988

Whether or not the condition of a vehicle is such that it is a danger to any person is a question of fact. Judges: Otton LJ and Astill LJ Citations: Unreported, 4 December 1988 Jurisdiction: England and Wales Cited by: Cited – Vehicle and Operator Services Agency, Regina (on the Application of) v Henderson Admn … Continue reading Director of Public Prosecutions v Potts: QBD 4 Dec 1988

Director of Public Prosecutions v Spicer: Admn 13 Mar 1997

The defendant had successfully argued no case to answer, on a charge of driving without due care. The prosecutor appealed by way of case stated. From the detailed notes available to the court, it was clear that there was evidence before them to put the defendant to an answer. Case remitted. Citations: [1997] EWHC Admin … Continue reading Director of Public Prosecutions v Spicer: Admn 13 Mar 1997

Regina v Burton Upon Trent Magistrates Court Ex Parte Woolley: QBD 17 Nov 1994

An injured suspect should still be asked why a blood specimen should not to be taken. A failure to follow the statutory procedure to request a blood sample in hospital had misled the driver. Citations: Independent 27-Jan-1995, Independent 29-Dec-1994, Times 17-Nov-1994 Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 09 April 2022; Ref: scu.86259

Ng v Director of Public Prosecutions: Admn 26 Jan 2007

Defendant convicted for driving wth excess alcohol – Appeal against finding that no special reasons for reducing penalty – belch during breath test artificially raising reading. Citations: [2007] EWHC 36 (Admin) Links: Bailii Statutes: Road Traffic Offenders Act 34(1), Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 06 April 2022; Ref: … Continue reading Ng v Director of Public Prosecutions: Admn 26 Jan 2007

Director of Public Prosecutions v Camp: Admn 15 Dec 2017

The court was asked whether, at least in the particular circumstances of the case, self-induced intoxication could properly amount to a ‘reasonable excuse’ for failing to provide a specimen of breath for analysis, for the purposes of an alleged offence under section 7(6) of the 1988 Act. Held: In these particular xircumstances, no. Judges: Lindblom … Continue reading Director of Public Prosecutions v Camp: Admn 15 Dec 2017

D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court: HL 27 Jan 2005

The defendant challenged the obligatory requirement that evidence given by a person under 17 in sex or violent offence cases must normally be given by video link. Held: The purpose of the section was to improve the quality of the evidence presented to a court. There was no absolute right for a defendant to be … Continue reading D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court: HL 27 Jan 2005

JS (A Child) v Director of Public Prosecutions: Admn 18 May 2017

Appeal by way of Case Stated against the a conviction of an offence of tampering with a motor vehicle contrary to section 25 of the Road Traffic Act 1988. Judges: Thirlwall LJ, Haddon-Cave J Citations: [2017] EWHC 1162 (Admin), [2017] 4 WLR 102, [2017] WLR(D) 361 Links: Bailii, WLRD Jurisdiction: England and Wales Crime Updated: … Continue reading JS (A Child) v Director of Public Prosecutions: Admn 18 May 2017

RoadPeace v Secretary of State for Transport: Admn 7 Nov 2017

RoadPeace challenged certain legislation, as to compulsory insurance for motor vehicles, and for payment of compensation for personal injury and damages caused by uninsured driver, saying that it failed properly to implement European law. Held: Ouseley J recorded and accepted the view of the Secretary of State for Transport and the Motor Insurers’ Bureau that … Continue reading RoadPeace v Secretary of State for Transport: Admn 7 Nov 2017

R and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd: SC 27 Mar 2019

The driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and claimed an indemnity from the driver. His motor policy covered him, as required in respect … Continue reading R and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd: SC 27 Mar 2019

Selby v Chief Constable of Avon and Somerset: QBD 1988

The defendant lorry driver was interviewed to discover his involvement in a road traffic accident in whch damage was caused to a stationery vehicle. He said that he had been unaware of any such collision, though he had been driving at that location at the time. Having given no evidence, he now appealed against his … Continue reading Selby v Chief Constable of Avon and Somerset: QBD 1988

Marshall v Crown Prosecution Service: Admn 17 Jun 2015

A car was seen speeding. Husband and wife each said that they did not know who was driving it in response to notices requiring that information. Mrs M now appealed against her conviction under section 172. Beatson LJ, Kenneth Parker J [2015] EWHC 2333 (Admin), (2016) 180 JP 33 Bailii Road Traffic Act 1988 172(2)(b) … Continue reading Marshall v Crown Prosecution Service: Admn 17 Jun 2015

Invicta Plastics Limited v Clare: QBD 1976

Those advertising and selling devices which were designed to detect the presence of police radar speed devices commit the offence of incitement under section 1(1) of the 1949 Act which required a licence for the use of such apparatus. [1976] RTR 251, [1976] Crim LR 131 Wireless Telegraphy Act 1949 1(1) England and Wales Cited … Continue reading Invicta Plastics Limited v Clare: QBD 1976

Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation of illegal immigration, fell within the European framework list, but section 65(2)(a) was not satisfied. Held: ‘the … Continue reading Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

Cameron v Hussain and Another: CA 23 May 2017

The court was asked: ‘i) whether it is possible to obtain a judgment in respect of a claim for damages against a defendant identified only by description (‘an unnamed defendant’), in the context of a motor claim against an unidentified hit-and-run driver, where the vehicle was identified and an insurance policy had been effected in … Continue reading Cameron v Hussain and Another: CA 23 May 2017

Director of Public Prosecutions v Kavaz: Admn 25 Nov 1997

[1997] EWHC Admin 1042 Road Traffic Act 1988 143(2) England and Wales Citing: Appealed to – Director of Public Prosecutions v Kavaz CACD 17-Mar-1999 The duty to demonstrate that a car is properly insured and has an MOT certificate remains the responsibility of the actual driver. . . Cited – Rex v Oliver 1944 When … Continue reading Director of Public Prosecutions v Kavaz: Admn 25 Nov 1997

Mahmood v Vehicle Inspectorate: Admn 5 Nov 1997

[1997] EWHC Admin 980 Road Traffic Act 1988 133 England and Wales Citing: Cited – Stilk v Myrick KBD 16-Dec-1809 No Obligation Incurred without ConsiderationThe plaintiff agreed to sail with the defendant on a voyage being paid pounds 5.00 a month. Two crew deserted and the captain asked the remainder to do their work sharing … Continue reading Mahmood v Vehicle Inspectorate: Admn 5 Nov 1997

Leetham v Director of Public Prosecutions: Admn 13 Oct 1997

The Appellant appeals by way of Case Stated against a decision of the Faversham and Sittingbourne Justices in Kent whereby, on 13th October 1997, they convicted him of an offence of driving while unfit through drugs, contrary to section 4(1) of the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act … Continue reading Leetham v Director of Public Prosecutions: Admn 13 Oct 1997

Regina v Conway: CACD 28 Jul 1988

The defendant appealed against his conviction for reckless driving. He said the offence was committed out of necessity, since his passenger’s life was under threat. Held: Necessity can only be a defence to a charge of reckless driving where the facts establish ‘duress of circumstances’ . . where the defendant was constrained by circumstances to … Continue reading Regina v Conway: CACD 28 Jul 1988

Director of Public Prosecutions v Richardson: Admn 27 Nov 2014

The appellant had been convicted by justices of an offence of being in charge of a mechanically propelled vehicle on a public place while unfit through drink, contrary to section 4 of the 1988 Act. The issue was whether the vehicle was on a public place. The place in question was a private car park … Continue reading Director of Public Prosecutions v Richardson: Admn 27 Nov 2014

Regina v Martin (Colin): CACD 29 Nov 1988

Defence of Necessity has a Place in Criminal Law The defendant appealed against his conviction for driving whilst disqualified. He said he had felt obliged to drive his stepson to work because his stepson had overslept. His wife (who had suicidal tendencies) had been threatening suicide unless he drove the boy to work, since she … Continue reading Regina v Martin (Colin): CACD 29 Nov 1988

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

O’Connell v Jackson: CA 7 Jul 1971

Motorcyclist negligent without helmet The plaintiff sought damages after an accident. The defendant car driver had negligently moved forward into the path of the plaintiff motor cyclist who was injured. The defendant argued that the plaintiff, a motorcyclist, was contributorily negligent in not wearing a crash helmet. Held: Once the court had established that the … Continue reading O’Connell v Jackson: CA 7 Jul 1971

Director of Public Prosecutions v Alexander: Admn 27 Jul 2010

The defendant had crashed his car after driving off with a girl, and while being chased by another car driven by her boyfriend. The police first cautioned him for false imprisonment, but then prosecuted him for careless driving. The prosecutor appealed against a successful plea of autrefois convict. The defendant said that the offence for … Continue reading Director of Public Prosecutions v Alexander: Admn 27 Jul 2010

Herron and Another, Regina (on The Application of) v The Parking Adjudicator: CA 27 Jul 2011

The claimant appealed against refusal of judicial review of decisions of the parking adjudicator as to the correctness of 39 penalty charge notices. In each case, they said that the signage supporting the notice, in particular single and double yellow lines and flashes was inadequate or wrong. It was said that a failure of any … Continue reading Herron and Another, Regina (on The Application of) v The Parking Adjudicator: CA 27 Jul 2011

Weightman v Director of Public Prosecutions: Admn 6 Mar 2007

Magistrates to identify reasons for finding guilt The defendant appealed agains his conviction under section 172 of the 1988 Act. He had been abroad when his car attracted the speeding fine, but had been unable to identify which iof the several people who might have driven it, had done so. Held: The decision of the … Continue reading Weightman v Director of Public Prosecutions: Admn 6 Mar 2007

Crown Prosecution Service, Regina (on The Application of) v Wolverhampton Magistrates’ Court: Admn 27 Nov 2009

The Service appealed by case stated against the dismissal of a charge of driving with excess alcohol. The arresting officer had not administered the roadside breath test not having one with him, and had not been trained to make the necessary assessment. The driver had said that the arrest without the test was unlawful. Held: … Continue reading Crown Prosecution Service, Regina (on The Application of) v Wolverhampton Magistrates’ Court: Admn 27 Nov 2009

Griffiths v Director of Public Prosecutions: Admn 22 Mar 2007

Photographic output was part of device process The defendant appealed his conviction for speeding, complaining at the technical accuracy of the Gatso camera used, and the use of photographs developed from pictures taken by the cameras. Held: The photographs used for analysis were records produced by a prescribed device, even though not directly produced: ‘The … Continue reading Griffiths v Director of Public Prosecutions: Admn 22 Mar 2007

In re Peters: CA 1988

After the defendant was arrested for drugs offences a restraint order was made to prevent dissipation of his assets. Orders were made to vary the restraint to allow payment of his sons school fees, and in family proceedings for a payment to his wife. The Commissioners of Customs and Excise appealed the latter order. Held: … Continue reading In re Peters: CA 1988

Regina v Collins: CACD 7 Mar 1997

The defendant, a Grade 1 advanced police driver, had driven very fast in pursuit of a stolen car. He crossed a junction at high speed and collided with another vehicle causing two deaths. He gave evidence that he believed that the police were . .

Acts

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Director of Public Prosecutions v Jackson, Stanley v Director of Public Prosecutions: HL 29 Jul 1998

When requesting a drink driver suspect to give a specimen of blood, an officer’s failure to say that the specimen will be taken by a doctor was not fatal to the prosecution. The issue of whether the blood sample was to be taken had properly been described by the officer as a decision for the … Continue reading Director of Public Prosecutions v Jackson, Stanley v Director of Public Prosecutions: HL 29 Jul 1998

Director of Public Prosecutions v Lonsdale: QBD 16 Feb 2001

Where a motorist told an officer at the roadside that he suffered from bronchitis, and could not provide a specimen of breath, and he wanted to rely upon the same reason at the police station, he could not claim that the officer in the station should know of his objection, but should make it clear … Continue reading Director of Public Prosecutions v Lonsdale: QBD 16 Feb 2001

Director of Public Prosecutions v Mukandiwa: QBD 21 Oct 2005

The defendant was asked to give a sample of blood. He declined, saying that the sight of blood drove him into a trance in which state he was liable to be violent. The Director appealed the finding that this was a proper excuse as a health concern. Held: The district judge had failed to distinguish … Continue reading Director of Public Prosecutions v Mukandiwa: QBD 21 Oct 2005

Cuns, Regina (on The Application of) v Hammersmith Magistrates’ Court: Admn 4 Mar 2016

Application for permission to apply for judicial review, heard as a rolled-up hearing with considerable speed in circumstances where the disqualification of the claimant from driving after a conviction in relation to a drink drive offence meant that he wanted an interim suspension of the disqualification. The defendant claimed to have a phobia of needles, … Continue reading Cuns, Regina (on The Application of) v Hammersmith Magistrates’ Court: Admn 4 Mar 2016

Director of Public Prosecutions v Memery: QBD 4 Jul 2002

The Crown Court had concluded that the intoximeter EC/IR was not a validly approved device or if it was that it was unreasonable for the Secretary of State to have approved it since it was a device which detected mouth alcohol, i.e. was liable to give a false reading by failing to distinguish mouth alcohol … Continue reading Director of Public Prosecutions v Memery: QBD 4 Jul 2002

Director of Public Prosecutions v Warren: HL 9 Dec 1992

It was a Police Constable’s responsibility to decide whether a blood or urine specimen was to be taken. He needn’t offer the urine option: ‘it is clear that under section 8(2) the driver, in order that he may decide whether or not to claim that the breath specimen be replaced, should be fully informed of … Continue reading Director of Public Prosecutions v Warren: HL 9 Dec 1992

Director of Public Prosecutions v Falzarano: QBD 16 Nov 2000

The defendant had failed to provide a specimen of breath at the police station. Her GP gave evidence that she suffered from panic attacks, and that such an attack would lead to a shortness of breath which would make it difficult for her to provide a specimen of breath. The prosecutor’s appeal failed. The magistrates … Continue reading Director of Public Prosecutions v Falzarano: QBD 16 Nov 2000

Director of Public Prosecutions v Furby: QBD 23 Mar 2000

A motorist had deliberately failed to complete the breath test procedure twice. In later court proceedings he was able to bring medical evidence that he would have been unable to do so in any event. He was held to have been properly convicted. There could be no reasonable excuse where inability was later shown. He … Continue reading Director of Public Prosecutions v Furby: QBD 23 Mar 2000

Murray v Director of Public Prosecutions: QBD 4 Feb 1993

The defendant claimed that a breathalyser procedure mistake vitiated the subsequent prosecution. Held: It was essential that the motorist who was asked to provide a sample of breath be first warned that a failure to provide a specimen would make him liable to be prosecuted. Even though the motorist had not in this case been … Continue reading Murray v Director of Public Prosecutions: QBD 4 Feb 1993

Jubb v Director of Public Prosecutions: 2002

The arrested driver was given a warning under section 7(7) before two specimens of breath were obtained. The officer thought the specimens unreliable being of uneven volume. The officer then gave the appellant the chance to repeat the breath analysis procedure, but stressed that the appellant was under no obligation to do so. The appellant … Continue reading Jubb v Director of Public Prosecutions: 2002