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Khatibi v Director of Public Prosecutions: Admn 28 Jan 2004

Judges: May LJ, Nelson J Citations: [2004] EWHC 83 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Citing: Cited – Paterson v Director of Public Prosecutions 1990 . . Cited – Regina v Jackson CACD 21-May-1996 Time should be saved by explicit admissions of all elements of expert case. . … Continue reading Khatibi v Director of Public Prosecutions: Admn 28 Jan 2004

Brown v Procurator Fiscal, Falkirk: HCJ 8 Mar 2002

The defendant appealed against his conviction for driving with excess alcohol. He complained that the machine used to take his sample of breath did not conform to the necessary type. It had been manufactured by an independent company. Though not approved it was identical to the approved machine. He was convicted on the basis that … Continue reading Brown v Procurator Fiscal, Falkirk: HCJ 8 Mar 2002

Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002

The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under Dutch law was different, with all benefits deducted from any compensation awarded. … Continue reading Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002

Ali, Regina v: CACD 3 Oct 2018

Appeal from sentence for causing death by dangerous driving Citations: [2018] EWCA Crim 2359 Links: Bailii Statutes: Road Traffic Act 1988 1 Jurisdiction: England and Wales Criminal Sentencing Updated: 05 June 2022; Ref: scu.628201

Barbera, Messegua, and Jabardo v Spain: ECHR 6 Dec 1988

ECHR The presumption of innocence would be violated if, without the accused having previously been proved guilty according to law, a judicial decision concerning him reflected an opinion that he was guilty. The burden of proof is on the prosecution and any doubt should benefit the accused. Citations: 10590/83, (1988) 11 EHRR 360, [1988] ECHR … Continue reading Barbera, Messegua, and Jabardo v Spain: ECHR 6 Dec 1988

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

Sharp By her Next Friend Sharp v Pereira and Motor Insurers’ Bureau: CA 24 Jun 1998

The court considered the arrangement for interim payments of damages awards where the claim was to be made through the Bureau. The agreement between the Bureau and the insurer members predated and did not allow for such payments. Held: The MIB, seeking clarification, had made no interim payment. They could have made a substantial part … Continue reading Sharp By her Next Friend Sharp v Pereira and Motor Insurers’ Bureau: CA 24 Jun 1998

Crown Prosecution Service v Paul O’Shea: Admn 11 May 1998

Prosecutor’s appeal against dismissal of charge of driving with excess alcohol. Citations: [1998] EWHC Admin 517 Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Citing: Cited – Regina v Absolam CACD 1990 A was arrested. He was already on bail for possession of cannabis, and in the hope finding further evidence he was asked to … Continue reading Crown Prosecution Service v Paul O’Shea: Admn 11 May 1998

David Hallinan v Director of Public Prosecutions: Admn 24 Apr 1998

Where a passenger is injured during a bus ride, the accident occurs when he is injured, and driver has a duty to stop immediately in order to report the accident even if no other vehicle was involved. Citations: Times 07-May-1998, [1998] EWHC Admin 437 Links: Bailii Statutes: Road Traffic Act 1988 170 Road Traffic Updated: … Continue reading David Hallinan v Director of Public Prosecutions: Admn 24 Apr 1998

Jones v Director of Public Prosecutions: Admn 26 Mar 1998

A van was stopped carrying a delivery of coal. The insurance was for social domestic and pleasure purposes only. The owner appealed a conviction for using it without insurance. Held: ‘using’ when the description of the offence in connection includes alternatives of causing and permitting is to have a restricted meaning. There was not evidence … Continue reading Jones v Director of Public Prosecutions: Admn 26 Mar 1998

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 Bristow: QBD 28 Oct 1996

The prosecutor appealed against the decision of the magistrates, having found the defendant guilty of driving with excess alcohol, then not to disqualify him, finding special reasons for so doing. He had gone in answer to a call that a child niece was being assaulted and held against her will. Held: There may be special … Continue reading Director of Public Prosecutions v Bristow: QBD 28 Oct 1996

Director of Public Prosecutions v John Kay: QBD 4 Mar 1998

The court considered a decision by Justices to exclude evidence under section 8 of the 1984 Act where a police officer had allegedly failed to follow the guidance in relation to a roadside breath test. Held: The procedure was not required by the Act and sent the case back to the Justices with a direction … Continue reading Director of Public Prosecutions v John Kay: QBD 4 Mar 1998

Director of Public Prosecutions v McCarthy: QBD 8 Jan 1999

A driver required to give his name and address satisfied the address requirement by giving an address at which he could properly be contacted. The address of his solicitor was satisfactory provided reasonably swift and easy communication was possible. Citations: Gazette 17-Mar-1999, Times 08-Jan-1999, Gazette 03-Feb-1999 Statutes: Road Traffic Act 1988 170(2) Road Traffic Updated: … Continue reading Director of Public Prosecutions v McCarthy: QBD 8 Jan 1999

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

Beauchamp Thomson v Director of Public Prosecutions: 1989

Citations: [1989] RTR 54 Statutes: Road Traffic Offenders Act 1988 15 Cited by: Cited – Director of Public Prosecutions, Regina (on the Application Of) v Chambers Admn 25-Jul-2003 The prosecutor appealed dismissal of charges of driving with excess alcohol. The defendant had admited driving, but said she had consumed alcohol in the twenty minutes between … Continue reading Beauchamp Thomson v Director of Public Prosecutions: 1989

Regina v Lawrence (Stephen): HL 1981

The defendant had ridden a motor-cycle and hit a pedestrian. The court asked whether he had been reckless. Held: The House understood recklessness as ‘a state of mind stopping short of deliberate intention, and going beyond mere inadvertence’ and ‘It is for the jury to decide whether the risk created by the manner in which … Continue reading Regina v Lawrence (Stephen): HL 1981

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

Miller v Director of Public Prosecutions: Admn 15 Feb 2018

Appeal by way of case stated from a pre-trial ruling of the Black Country Magistrates’ Court in respect of an information preferred against the Appellant for failing to provide a specimen of blood in breach of section 7 of the 1988 Act, and not to exercise its discretion under section 78 of the 1984 Act … Continue reading Miller v Director of Public Prosecutions: Admn 15 Feb 2018

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

Lewis v Tindale and Others: QBD 14 Sep 2018

The court was asked as to the liability of the Motor Insurer’s Bureau for an accident not occurring on a public road. Held: Soole J said that section 145 should not be read down, because reading down would go against the grain and thrust of the legislation, because it raised policy ramifications which were not … Continue reading Lewis v Tindale and Others: QBD 14 Sep 2018

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

Clarke v Kato and Others; Cutter v Eagle Star Insurance Co Ltd: HL 25 Nov 1998

Save exceptionally, a car park is not a road for the purposes of road traffic legislation on obligatory insurance. It is an unjustified strain on the language. A distinction made between the road ways and the parking bays was artificial and unhelpful. Whether any particular area was a road is a question of fact in … Continue reading Clarke v Kato and Others; Cutter v Eagle Star Insurance Co Ltd: HL 25 Nov 1998

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

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

Regina v Government of Holloway Prison, Ex parte Jennings: HL 1983

J sought habeas corpus to avoid her extradition to California on a charge of manslaughter arising from a motor accident. Her counsel argued that the unlawful killing of another by the reckless driving of a motor vehicle on a road was no longer manslaughter by the law of England, since the enactment of the Road … Continue reading Regina v Government of Holloway Prison, Ex parte Jennings: HL 1983

Director of Public Prosecutions v King: Admn 13 Feb 2008

The defendant was charged after driving a ‘City Mantis Electric Scooter’. He was disqualified from driving. The prosecutor appealed against dismissal of the charges on the basis that the scooter was not of such a description as to require a licence or insurance. Held: If the case was remitted, and the magistrates properly directed they … Continue reading Director of Public Prosecutions v King: Admn 13 Feb 2008

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

Richardson v Director of Public Prosecutions: Admn 28 Feb 2019

Private Car park was not a public plae. The defendant appealed from his conviction for being drunk in charge of a vehicle in a public place. The place was marked private but allowed for paring for designated businesses. Held: The appeal succeeded. The phrase public phrase had to be read ejusdem generis with ‘road’. Whether … Continue reading Richardson v Director of Public Prosecutions: Admn 28 Feb 2019

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

Coates, Regina v: Misc 18 Jan 2011

(Barnsley Magistrates Court) The defendant owned a Segway, a two wheeled vehicle. He was charged with having driven it on a public footpath despite its being a motor vehicle. He denied that it was a motor vehicle ‘adapted or intended for use on the road’. Held: ‘If I am satisfied from all the evidence presented, … Continue reading Coates, Regina v: Misc 18 Jan 2011

Hatton, Regina (on the Application of) v Devon and Cornwall Constabulary: Admn 4 Feb 2008

The defendant sought judicial review, on a renewed application, to challenge the decision to issue a speeding fine, and in the alternative that he had failed to identify the driver as required. The defendant had supplied the information but under a condition not allowing that information to be used for prosecution, citing Funke. Held: The … Continue reading Hatton, Regina (on the Application of) v Devon and Cornwall Constabulary: Admn 4 Feb 2008

Swales v Cox: CA 1981

Police officers had entered a house in pursuit of a suspected burglar. Held: It is a condition of any lawful breaking of premises that the person seeking entry has demanded and been refused entry by the occupier. Donaldson LJ said: ‘it is conceded in this case that (the trial judge) correctly analysed the position at … Continue reading Swales v Cox: CA 1981

Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998

Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998

Bannister, Regina v: CACD 28 Jul 2009

The defendant appealed his conviction for dangerous driving. As a police officer he had driven at over 110 mph on a motorway in the wet, lost control and crashed. He said that the fact that he had undertaken the police advanced drivers’ course should be taken into account in deciding whether he had been driving … Continue reading Bannister, Regina v: CACD 28 Jul 2009

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

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

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

Director of Public Prosecutions v Elsender: Admn 9 Jun 1999

Citations: [1999] EWHC Admin 529 Links: Bailii Statutes: Road Traffic Act 1988 85 Citing: Cited – Taylor v Rajan 2-Jan-1974 The defendant had consumed alcohol so that the alcohol level was 102 milligrammes of alcohol in 100 millilitres of blood. An appeal was heard as to whether there existed special reasons for not disqualifying him. … Continue reading Director of Public Prosecutions v Elsender: Admn 9 Jun 1999

Baldwin v West Yorkshire Police, orse Baldwin v Director of Public Prosecutions: QBD 3 Jul 1995

The choice given to a person detained on suspicion of driving with excess alcohol, of giving either a blood or a urine sample was given satisfactorily, if it was done properly and fairly. Curtis J: ‘I would observe that the words of Lord Bridge in Director of Public Prosecutions v. Warren [1993] R.T.R. 58 are … Continue reading Baldwin v West Yorkshire Police, orse Baldwin v Director of Public Prosecutions: QBD 3 Jul 1995

Director of Public Prosecutions v Hay: QBD 13 Jun 2005

The driver was unconscious following an accident. The police attended the accident. He was acquitted of later failing to report the accident to the police. The prosecutor appealed. The car had crashed as the police pursued it. No notice had been served on him to produce his documents, and he had argued also that he … Continue reading Director of Public Prosecutions v Hay: QBD 13 Jun 2005

Zafar v Director of Public Prosecutions: Admn 1 Nov 2004

The defendant appealed his conviction for failing a breath test. He said that since the meter could be affected by mouth alcohol, the prosecutor had a duty to show that the reading arose from a breath taken deep from the lung by a deep breath. Held: Though the intoximeter made a distinction between deep lung … Continue reading Zafar v Director of Public Prosecutions: Admn 1 Nov 2004

Exel Logistics Ltd v Curran and others: CA 30 Sep 2004

The claimants sought damages for personal injuries after a crash in a Land Rover maintained by the defendants. The defendants appealed findings of negligence in failing properly to inflate the rear tyres, in continuing despite the danger, and poor overtaking. A further fault was identified in that dirt in the front wheel had led to … Continue reading Exel Logistics Ltd v Curran and others: CA 30 Sep 2004

Lewis, Regina (on the Application Of) v the Director of Public Prosecutions: Admn 10 Dec 2004

Appeal by way of case stated from a decision convicting the appellant, of driving a motor car when he had consumed alcohol in excess of the prescribed limit, contrary to the provisions of section 5 of the Road Traffic Act 1988 and Schedule 2 Road Traffic Offenders’ Act 1988. The issue was whether the car … Continue reading Lewis, Regina (on the Application Of) v the Director of Public Prosecutions: Admn 10 Dec 2004

Khan, Regina (on the Application of) v Director of Public Prosecutions: Admn 12 Oct 2004

Defendant pleaded guity to drink driving – claim for special reasons – appeal against finding of absence of special reasons to disqualify. Judges: David J Citations: [2004] EWHC 2505 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5 Jurisdiction: England and Wales Citing: Cited – Director of Public Prosecutions v Bristow QBD 28-Oct-1996 The prosecutor … Continue reading Khan, Regina (on the Application of) v Director of Public Prosecutions: Admn 12 Oct 2004

EUI Ltd v Bristol Alliance Ltd Partnership: CA 11 Oct 2011

A driver had deliberately driven at a building owned by the respondent company causing substantial damage. The driver’s insurer now appealed against a decision that it was liable to the respondent despite a clause excluding liability for deliberate acts of a driver. Held: The appeal succeeded, and nor did a claim lie against the Motor … Continue reading EUI Ltd v Bristol Alliance Ltd Partnership: CA 11 Oct 2011

Kemsley v Director of Public Prosecutions: Admn 4 Feb 2004

The defendant appealed a conviction for driving with excess alcohol. She said she had not first been cautioned when interviewed after an accident and that her admission that she had been driving should not have been allowed in evidence. Held: That admission had properly been admitted. An expert for the defence had said that the … Continue reading Kemsley v Director of Public Prosecutions: Admn 4 Feb 2004

Crown Prosecution Service v Bate: Admn 22 Nov 2004

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

Francis v Director of Public Prosecutions: QBD 23 Mar 2004

The defendant appealed against his conviction for having failed to identify the driver of a car caught speeding by a camera. He was the registered keeper. He completed and returned the form, but did not sign it. The statute imposed no explicit obligation to sign it. He also said that since he was already suspected … Continue reading Francis v Director of Public Prosecutions: QBD 23 Mar 2004